Stallworth v. Waste Pro USA, Inc.

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

JULIUS STALLWORTH,

Plaintiff,

v. Case No. 6:22-cv-417-CEM-DCI

WASTE PRO USA, INC.,

Defendant. / ORDER THIS CAUSE is before the Court on Plaintiff’s Acceptance of Defendant's Offer of Judgment (“Acceptance,” Doc. 15). The United States Magistrate Judge issued a Report and Recommendation (Doc. 19), recommending that the Acceptance be construed as a motion and that it be granted. After review in accordance with 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72, and noting that no objections were timely filed, the Magistrate Judge’s recommended disposition is accepted. Accordingly, it is ORDERED and ADJUDGED as follows: 1. The Report and Recommendation (Doc. 19) is ADOPTED and made a part of this Order. 2. Plaintiff's Acceptance of Defendant's Offer of Judgment (Doc. 15), construed as a motion, is GRANTED.

a. Defendant’s Offer of Judgment (Doc. 15-1) is ADOPTED and made a part of this Order. b. The Clerk is directed to enter judgment in favor of Plaintiff and against Defendant in the amount of $300.00.

c. The Clerk is directed to close this case. d. On or before September 8, 2022, Plaintiff shall file a motion for attorney’s fees.! DONE and ORDERED in Orlando, Florida on August 9, 2022.

UNITED STATES DISTRICT JUD@E

Copies furnished to: Counsel of Record

' The Court retains jurisdiction to determine an award of attorney’s fees. Prime Ins. Syndicate, Inc. v. Soil Tech Distribs., 270 F. App’x 962, 965 (11th Cir. 2008) (“I]t is clear that an award of attorney’s fees is a collateral matter over which a court normally retains jurisdiction even after being divested of jurisdiction on the merits.” (citation omitted)).