Filed: Feb. 25, 2019
Latest Update: Feb. 25, 2019
Summary: ORDER ROY B. DALTON, JR. , District Judge . In the instant action, following a hearing the Court granted Defendants' motion to dismiss Plaintiffs' sole federal claim and dismissed Plaintiffs' complaint for lack of subject matter jurisdiction. (Doc. 55.) Defendants then moved for attorney's fees. (Doc. 56 (" Motion ").) On referral, U.S. Magistrate Judge Thomas B. Smith recommends denying the Motion because Defendants are not "prevailing parties." (Doc. 59 (" R&R ").) Neither party objecte
Summary: ORDER ROY B. DALTON, JR. , District Judge . In the instant action, following a hearing the Court granted Defendants' motion to dismiss Plaintiffs' sole federal claim and dismissed Plaintiffs' complaint for lack of subject matter jurisdiction. (Doc. 55.) Defendants then moved for attorney's fees. (Doc. 56 (" Motion ").) On referral, U.S. Magistrate Judge Thomas B. Smith recommends denying the Motion because Defendants are not "prevailing parties." (Doc. 59 (" R&R ").) Neither party objected..
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ORDER
ROY B. DALTON, JR., District Judge.
In the instant action, following a hearing the Court granted Defendants' motion to dismiss Plaintiffs' sole federal claim and dismissed Plaintiffs' complaint for lack of subject matter jurisdiction. (Doc. 55.) Defendants then moved for attorney's fees. (Doc. 56 ("Motion").) On referral, U.S. Magistrate Judge Thomas B. Smith recommends denying the Motion because Defendants are not "prevailing parties." (Doc. 59 ("R&R").)
Neither party objected to the R&R, and the time for objecting has since passed. Absent objections, the Court has examined the R&R for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006). Finding no such error, the Court concludes that the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. U.S. Magistrate Judge Thomas B. Smith's Report and Recommendation (Doc. 59) is ADOPTED, CONFIRMED, and made a part of this Order.
2. Defendants' Motion for Attorneys Fees (Doc. 56) is DENIED.
DONE AND ORDERED.
