Turner v. Homestead Police Department

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:18-cv-24005-GAYLES/MCALILEY

MARK A. TURNER,

Plaintiff,

v.

CHARTER SCHOOLS USA, INC., HOMESTEAD POLICE DEPARTMENT, KEYS GATE CHARTER SCHOOL, and CITY OF HOMESTEAD,

Defendants. ______________________________________/

ORDER

THIS CAUSE comes before the Court on Magistrate Judge Chris M. McAliley’s Report and Recommendation (the “Report”), [ECF No. 318], regarding Defendants Homestead Police Department and City of Homestead’s (collectively, “Defendants”) Motion to Tax Costs (the “Motion”), [ECF No. 269]. The Court referred this matter to Judge McAliley, pursuant to 28 U.S.C. § 636(b)(1)(B), for a ruling on all pre-trial, non-dispositive motions and for a report and recommendation on any dispositive motions. [ECF No. 76]. On April 6, 2020, the Court entered a Final Judgment as to all named defendants in this action. [ECF No. 259]. On May 5, 2020, Defendants filed the instant Motion seeking an award of $5,991.09 in taxable costs against Plaintiff Mark A. Turner. [ECF No. 269]. On May 6, 2020, Plaintiff filed an “Objection and Request for Removal” in opposition to the Motion. [ECF No. 271]. On May 13, 2020, Defendants filed their Reply. [ECF No. 274]. On November 9, 2020, Judge McAliley issued her Report, which recommends that the Court grant in part Defendants’ Motion and enter an award of $5,096.19 in reasonable costs in favor of Defendants and against Plaintiff. [ECF No. 318 at 10–11]. The total costs consist of: (1) a $400.00 removal fee; (2) $640.00 in reasonable process server costs; (3) $3,385.50 in reasonable transcript costs; (4) $103.69 in reasonable copying costs; (5) $107.00 in witness fees; and (6) $460.00 in interpreter costs. On

November 17, 2020, Plaintiff filed his Objection to the Report, re-alleging—as he did in his “Objection and Request for Removal” of the Motion—that Defendants untimely filed their Motion. [ECF No. 321 at 1]; see also [ECF No. 271 at 2]. A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, 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). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc.,

208 F. App’x 781, 784 (11th Cir. 2006). The Court has conducted a de novo review of the Report, the Motion, and the record, and agrees with Judge McAliley’s well-reasoned analysis and conclusion that the Court grant in part Defendants’ Motion and enter an award of $5,096.19 in reasonable costs in favor of Defendants and against Plaintiff. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. Magistrate Judge Chris M. McAliley’s Report and Recommendation, [ECF No. 318], is AFFIRMED AND ADOPTED and incorporated into this Order by reference. 2. Defendants Homestead Police Department and City of Homestead’s Motion to Tax Costs, [ECF No. 269], is GRANTED in part. 3. Defendants Homestead Police Department and City of Homestead shall be awarded $5,096.19 in reasonable costs, which Defendants shall recover from Plaintiff Mark A. Turner, and which consists of: a. a $400.00 removal fee; b. $640.00 in reasonable process server costs; Cc. $3,385.50 in reasonable transcript costs; d. $103.69 in reasonable copying costs; e. $107.00 in witness fees; and f. $460.00 in interpreter costs. DONE AND ORDERED in Chambers at Miami, Florida, this 1st day of February, 2021.

UNITED STATES DISTR JUDGE