Balboa Capital Corporation v. Vital Pharmaceuticals, Inc.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA (FORT LAUDERDALE DIVISION)

BALBOA CAPITAL CORPORATION,

Plaintiff,

v. Case No.: 0:18-cv-61125-WPD

VITAL PHARMACEUTICALS, INC., d/b/a VPX SPORTS; and JOHN OWOC,

Defendants. ____________________________________/

ORDER ADOPTING REPORT OF MAGISTRATE JUDGE

THIS CAUSE is before the Court on Plaintiff Balboa Capital Corporation (“Plaintiff”)’s Application for Attorneys’ Fees and Costs in Connection with Appeal [DE 142/143], Plaintiff’s Second Supplemental Motion for Attorneys’ Fees and Costs [DE 146], and the August 22, 2023 Report and Recommendation of Magistrate Judge Patrick M. Hunt [DE 159] (the “Report”). The Court notes that no objections to the Report [DE 159] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the Report [DE 159] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F.2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 159] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s reasoning and conclusions. Accordingly, it is hereby ORDERED AND ADJUDGED as follows: 1. The Report [DE 159] is hereby ADOPTED and APPROVED; 2. Plaintiff's Verified Motion for Attorneys’ Fees and Costs [DE 142/143] and Plaintiff's Supplemental Motion for Attorneys’ Fees and Costs [DE 146] are GRANTED; and 3. Plaintiff is hereby awarded fees and costs in the amount of $52,027.28 ($51,970.00 in attorneys’ fees and $57.28 in non-taxable costs). DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 6th day September, 2023. fl } “a 4 : “4 if % f ? f tne i ye Zo #4 v Paty 4 ‘4 ase Af CA KAAYAA AVY EINE VILLIAM P. DIMITROULEAS United States District Judge Copies furnished to: Counsel of record Magistrate Judge Hunt