Rivera v. Waste Pro of Florida, Inc.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

ALEX RIVERA, Plaintiff,

v. Case No: 8:22-cv-0363-KKM-AAS WASTE PRO OF FLORIDA, INC., Defendant.

ORDER Plaintiff Alex Rivera accepted an offer of judgment to resolve his claims for unpaid

wages and liquidated damages under the Fair Labor Standards Act (FLSA). (Doc. 18.) The Clerk then entered judgment in his favor. (Doc. 21.) As the prevailing party, Rivera

now moves for entitlement to attorney’s fees and costs. (Doc. 22.) After reviewing the motion, the Magistrate Judge recommended that the Court

grant the motion. (Doc. 27.) The fourteen-day deadline for Waste Pro to object to the Magistrate Judge’s recommendation has passed without objection. Nevertheless, the Court

reviews the Magistrate Judge’s recommendation de novo. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); See LeCroy v. McNeil, 397 F. App’x 554, 556 (11th Cir. 2010) (per curiam).

After a complete review, the Court agrees with the Magistrate Judge. As the Magistrate Judge explained, Rivera has established his entitlement to attorney’s fees and

costs as the prevailing party. See 29 U.S.C. § 216(b); Allen v. City of Grovetown, 681 F. App’x 841, 845 (11th Cir. 2017). Accordingly, the following is ORDERED:

1. The Magistrate Judge’s Report and Recommendation (Doc. 27) is ADOPTED and made a part of this Order for all purposes. 2. Plaintiffs Motion for Entitlement to Attorney’s Fees and Costs (Doc. 22) is GRANTED. By August 22, 2022, Plaintiff must file a supplemental motion as to the amount of fees and costs requested. See Local Rule 7.01(c). ORDERED in Tampa, Florida, on July 6, 2022.

4 athren Kimlall Whe ge athryn’ Kimball Mizelle United States District Judge