Hyde Park Storage Suites Daytona, LLC v. Crown Park Storage Suites, LLC

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

HYDE PARK STORAGE SUITES DAYTONA, LLC; and HYDE PARK STORAGE SUITES, INC.,

Plaintiffs,

v. Case No. 6:20-cv-1320-RBD-RMN

CROWN PARK STORAGE SUITES, LLC; and RICHARD A. LOMAN,

Defendants. ____________________________________

ORDER Before the Court is Defendant Crown Park Storage Suites, LLC and Richard A. Loman’s joint motion on entitlement to attorney’s fees and expenses. (Doc. 190 (“Motion”).) On referral, U.S. Magistrate Judge Robert M. Norway recommends the Court grant the Motion in part and find that Loman is entitled to attorney’s fees and costs given a prior agreement with Plaintiff. (Doc. 203 (“R&R”).) The deadline has passed and there were no objections, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED: 1. The R&R (Doc. 203) is ADOPTED, CONFIRMED, and made a part of this Order in its entirety. 2. Defendants’ Motion (Doc. 190) is GRANTED IN PART AND DENIED IN PART:

a. The Motion is GRANTED in that Loman is ENTITLED to seek

an award of fees and costs pursuant to clause 27 of the lease agreement. b. In all other respects, the Motion is DENIED. 3. The parties are DIRECTED to confer regarding the amount of attorney’s fee due under the lease agreement. 4. If the parties cannot agree on an amount of fees Loman is entitled to, Loman is DIRECTED to file a motion for a determination of an award by Thursday, July 13, 2023. DONE AND ORDERED in Chambers in Orlando, Florida, on June 29, 2023.

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United States District Judge