SCOTT W. OUWELEEN v. CLERK CREDIT SYSTEMS, LLC

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

SCOTT W. OUWELEEN,

Plaintiff,

v. Case No.: 8:26-cv-00279-MSS-AEP

CLERK CREDIT SYSTEMS, LLC,

Defendant. /

ORDER THIS CAUSE comes before the Court for consideration of Plaintiff’s Motion for Attorney’s Fees and Costs. (Dkt. 15) On July 23, 2026, United States Magistrate Judge Anthony E. Porcelli issued a Report and Recommendation, (Dkt. 16), which recommended Plaintiff’s Motion be granted in the amount of $1,925.00 in attorney fees and $470.00 in costs. The Parties have not objected to Judge Porcelli’s Report and Recommendation, and the deadline for doing so has passed. Therefore, upon consideration of all relevant filings, case law, and being otherwise fully advised, the Court GRANTS Plaintiff’s Motion for Attorney’s Fees and Costs in the amount of $1,925.00 in attorney fees and $470.00 in costs. In the Eleventh Circuit, a district judge may accept, reject, or modify the magistrate judge's report and recommendation after conducting a careful and complete review of the findings and recommendations. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982). A district judge “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C). This requires that the district judge “give fresh consideration to those issues to which specific

objection has been made by a party.” Jeffrey S. v. State Bd. of Educ., 896 F.2d 507, 512 (11th Cir.1990) (quoting H.R. 1609, 94th Cong. § 2 (1976)). Absent 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. Southern Ry., 37 F.3d 603, 604 (11th Cir. 1994). Upon consideration of the Report and Recommendation, in conjunction with

an independent examination of the file, the Court is of the opinion the Report and Recommendation should be adopted, confirmed, and approved in all respects. Accordingly, it is ORDERED that: 1. The Report and Recommendation, (Dkt. 16), is CONFIRMED and ADOPTED as part of this Order.

2. Plaintiff’s Motion for Attorney’s Fees, (Dkt. 15), is GRANTED. 3. Plaintiff is awarded attorney’s fees in the amount of $1,925.00. Plaintiff is also awarded $470 in costs. The total sum awarded to Plaintiff is $2,395.00. A. The Clerk is DIRECTED to enter a FINAL DEFAULT JUDGMENT in favor of Scott Ouweleen and against Clerk Credit Systems, LLC and CLOSE this case. DONE and ORDERED in Tampa, Florida, this 20th day of August 2026.

MARYS. SCRIVEN □ UNITED STATES DISTRICT JUDGE

Copies furnished to: Counsel of Record Any Unrepresented Person