Summary
awarding attorney's fees in admiralty case for bad faith where the defendant denied facts that were clearly true, raised defenses without any basis in law or fact, and submitted false testimony on facts crucial to the plaintiff's claims
Summary of this case from JSM Marine LLC v. GaughfOpinion
Case No: 05-22002-CIV-KING.
November 6, 2006
Sergio R. Casiano, Jr., Esq., MILLER KAGAN RODRIGUEZ SILVER, Coral Gables, Florida, Counsel for Plaintiffs.
David C. Barnett, Esq., BARNETT LERNER, Dania Beach, Florida, Jenelle E. La Chuisa, CLINTON D. FLAGG, Coral Gables, FL, Paul Ansel, PAUL J. ANSEL, PA, Hollywood, FL, Counsel for Defendant.
ORDER AFFIRMING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
THIS CAUSE comes before the Court upon the October 18, 2006 Report and Recommendation of Magistrate Judge Barry L. Garber (DE #75) recommending that Plaintiff's Motion for Attorneys' Fees and Litigation Expenses and Entry of Amended Final Judgment (DE # 68) be Granted in part and Denied in part. No party has filed objections, and the time to do so has passed.
This Court concludes that the RR contains thorough and well-reasoned recommendations. Accordingly, after a careful review of the record and the Court being otherwise fully advised, it is ORDERED and ADJUDGED that Magistrate Judge Barry L. Garber's October 18, 2006 Report and Recommendation be, and the same is hereby, AFFIRMED and ADOPTED. It is further
ORDERED and ADJUDGED that Plaintiff's Motion for Attorneys' Fees and Litigation Expenses and Entry of Amended Final Judgment ( DE # 68) be, and the same is hereby, GRANTED in part and DENIED in part. Plaintiff is awarded $14,280.00 in attorney's fees and $2,864.30 in costs, and the final judgment is amended to reflect that Plaintiff is entitled to $27,980.38 in damages.
DONE and ORDERED in chambers at the James Lawrence King Federal Justice Building and United States Courthouse, Miami, Florida, this 3rd day of November, 2006.