Harris v. Miami-Dade County

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

CASE NO.: 19-cv-22799-GAYLES/LOUIS

SYBIL HARRIS, as Personal Representa- tive of the Estate of Jamar Edward Rol- lins,

Plaintiff,

v.

DETECTIVE ANDREW GARCIA.,

Defendant.

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ORDER

THIS CAUSE comes before the Court on Defendant Detective Andrew Garcia’s Motion for Bill of Costs [ECF No. 162] and Verified Memorandum of Law in Support of Bill of Costs [ECF No. 163], pursuant to Local Rule 7.3(c), Federal Rule of Civil Procedure 54(d)(1), and 28 U.S.C. § 1920. This case was referred to Magistrate Judge Lauren F. Louis for a ruling on all pretrial non-dispositive matters and a report and recommendation on all dispositive matters, pursuant to 28 U.S.C. § 636(b)(1)(B). [ECF No. 154]. On December 19, 2024, Judge Louis held a telephonic hearing on the Motion and on January 22, 2025, she issued her report recommending that the Motion be granted in part (the “Report”). [ECF No. 169]. No objections were filed to the Report. A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). This Court finds no clear error with Judge Louis’s well-reasoned analysis and agrees with her conclusion that the Defendant’s Motion should be granted in part and that the Defendant be awarded $5,507.85 in costs. CONCLUSION After careful consideration, it is ORDERED AND ADJUDGED as follows: (1) Magistrate Judge Louis’s Report and Recommendation, [ECF No. 169], is ADOPTED in full; (2) The Defendant’s Motion of Bill of Costs, [ECF No. 162] is GRANTED in part; (3) The Defendant is awarded $5,507.85 in costs, plus interest, from the date of the judg- ment. DONE AND ORDERED in Chambers at Miami, Florida, this 20th day of February, 2025.

af DARRIN P. GAYLES UNITED STATES DIS T JUDGE