Martin-Viana v. Royal Caribbean Cruises, Ltd.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 23-cv-21171-BLOOM/Torres

EULALIA MARTIN-VIANA,

Plaintiff,

v.

ROYAL CARIBBEAN CRUISES LTD.,

Defendant. ____________________________________/

ORDER ON REPORT AND RECOMMENDATIONS ON MOTION FOR TAX COSTS

THIS CAUSE is before the Court upon Plaintiff’s Motion for Bill of Costs, ECF No. [281]. On September 5, 2024, the Motion was referred to United States Magistrate Judge Edwin G. Torres, ECF No. [282]. On November 18, 2024, Judge Torres issued a report and recommendation (“R&R”), ECF No. [307], recommending that the Motion be granted in part and denied in part. None of the Parties filed objections to the R&R. “If a party fails to object to any portion of the magistrate judge’s report, those portions are reviewed for clear error.” Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006) (quoting Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999). The portions of the report and recommendation to which an objection is made are reviewed de novo only 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); Williams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Nevertheless, the Court is fully advised in the premises of the R&R. Upon review, the Court finds the R&R to be well reasoned and correct. Case No. 23-cv-21171-BLOOM/Torres

The Court therefore agrees with the analysis in the R&R and concludes that the Motion for Bill of Costs, ECF No. [281], must be granted in part and denied in part. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report and Recommendation on Plaintiffs Motion for Taxable Costs, ECF No. [307], is ADOPTED; 2. The Motion for Bill of Costs, ECF No. [281], is GRANTED as to all costs requested but DENIED as to the $605.80 included as Pacer costs that cannot be deemed copying costs under section 1920(4) or docketing costs under section 1920(5). 3. Plaintiff shall recover a total cost award under section 1920 in the sum of $44,981.56. DONE AND ORDERED in Chambers at Miami, Florida, on December 4, 2024.

UNITED STATES DISTRICT JUDGE cc: counsel of record