Premier Trailer Leasing, Inc. v. DM World Transportation, LLC

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

PREMIER TRAILER LEASING, INC.,

Plaintiff,

v. Case No. 8:19-cv-2558-T-60AAS

DM WORLD TRANSPORTATION, LLC, and ABDUVOSIT RAZIKOV,

Defendants. ________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION This matter is before the Court on consideration of the report and recommendation of Amanda A. Sansone, United States Magistrate Judge, entered on December 31, 2020. (Doc. 73). Judge Sansone recommends that Plaintiff Premier Trailer Leasing, Inc.’s motion for award of attorney’s fees and costs against Defendant Abduvosit Razikov (Doc. 47) be granted in part and denied in part. Specifically, Judge Sansone recommends that Plaintiff should be awarded attorney’s fees of $37,686.00 and costs of $1,197.89 ($150.00 less than the $1,347.89 requested in the motion), for a total award of $38,883.89. No objections to the report and recommendation have been filed, and the time to object has expired. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject, or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C).

The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F.3d 116 (11th Cir. 1994) (table). Upon due consideration of the record, including Judge Sansone’s report and recommendation, the Court adopts the report and recommendation. The Court

agrees with Judge Sansone’s detailed and well-reasoned factual findings and legal conclusions. Consequently, “Plaintiff’s Verified Motion for Award of Attorney’s Fees and Costs Against Abduvosit Razikov” (Doc. 47) is due to be granted in part and denied in part. Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) Judge Sansone’s report and recommendation (Doc. 73) is AFFIRMED and

ADOPTED and INCORPORATED BY REFERENCE into this Order for all purposes, including appellate review. (2) “Plaintiff’s Verified Motion for Award of Attorney’s Fees and Costs Against Abduvosit Razikov” (Doc. 47) is hereby GRANTED IN PART and DENIED IN PART. Page 2 of 3 (3) The motion is GRANTED to the extent that Plaintiff Premier Trailer Leasing, Inc. is awarded attorney’s fees of $37,686.00 and costs of $1,197.89, for a total award of $38,883.89. (4) The motionis DENIED to the extent that Plaintiff seeks any greater or different relief. (5) The Clerk is directed to enter an amended judgment consistent with this Order. DONE and ORDERED in Chambers, in Tampa, Florida, this 15th day of January, 2021.

Yh G -TOMBARBER i (asi‘“s:;Csi‘: UNITED STATES DISTRICT JUDGE

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