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Diamond Resorts U.S. Collection Development, LLC v. Royce, 6:18-cv-127-Orl-37DCI. (2019)

Court: District Court, M.D. Florida Number: infdco20190627965 Visitors: 21
Filed: Jun. 25, 2019
Latest Update: Jun. 25, 2019
Summary: ORDER ROY B. DALTON, JR. , District Judge . Petitioners filed this action to confirm an arbitration award entered in their favor against Respondent. (Doc. 1.) The Court granted the Petition (Doc. 35) and judgment was entered in Petitioners' favor (Doc. 36). Petitioners now seek attorneys' fees in the amount of $25,689.15 and an unspecified amount of "costs." (Doc. 39 (" Motion ").) Respondent did not respond to the Motion. On referral, U.S. Magistrate Judge Daniel C. Irick recommends gran
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ORDER

Petitioners filed this action to confirm an arbitration award entered in their favor against Respondent. (Doc. 1.) The Court granted the Petition (Doc. 35) and judgment was entered in Petitioners' favor (Doc. 36). Petitioners now seek attorneys' fees in the amount of $25,689.15 and an unspecified amount of "costs." (Doc. 39 ("Motion").) Respondent did not respond to the Motion.

On referral, U.S. Magistrate Judge Daniel C. Irick recommends granting the Motion in part to award Petitioners their requested attorneys' fees but deny their "costs" request. (Doc. 40, p. 2 ("R&R").) The parties did not object to the R&R, and the time for doing so has now passed. As such, the Court has examined the R&R only 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 Daniel C. Irick's Report and Recommendation (Doc. 40) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Petitioners' Motion for Attorneys' Fees (Doc. 39) is GRANTED IN PART AND DENIED IN PART: a. Petitioners are AWARDED $25,689.15 in attorney fees. b. In all other respects, the Motion is denied.

DONE AND ORDERED.

Source:  Leagle

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