Opinion

Lapham v. Florida Fish and Wildlife Conservation Commission

Court
District Court, M.D. Florida
Filed
Mar 29, 2022
Cited by
0 cases
Authority
More cited than 19.9%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION

MICHAEL LAPHAM,

Plaintiff,

Case No. 5:19-cv-579-MMH-PRL

vs.

FLORIDA FISH AND WILDLIFE

CONSERVATION COMMISSION and

SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT,

Defendants.

/

O R D E R

THIS CAUSE is before the Court on Magistrate Judge Philip R.

Lammens’ Report and Recommendation (Doc. 121; Report), entered on

November 3, 2021, recommending that Defendant Florida Fish and Wildlife

Conservation Commission’s Opposed Motion to Tax Costs and Supporting

Memorandum of Law (Doc. 118; Motion) and supporting Bill of Costs (Doc. 116)

be granted in part and denied in part. See Report at 6. Specifically, Judge

Lammens recommends that the Court grant the Motion only to the extent that

it award Florida Fish and Wildlife Conservation Commission $3,883.70 in

taxable costs. Id. To date, no objections to the Report have been filed, and the

time for doing so has passed.

The Court “may accept, reject, or modify, in whole or in part, the findings

or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). If no

specific objections to findings of fact are filed, the district court is not required

to conduct a de novo review of those findings. See Garvey v. Vaughn, 993 F.2d

776, 779 n.9 (11th Cir. 1993); see also 28 U.S.C. § 636(b)(1). However, the

district court must review legal conclusions de novo. See Cooper-Houston v.

Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United States v. Rice, No.

2:07-mc-8-FtM-29SPC, 2007 WL 1428615 at *1 (M.D. Fla. May 14, 2007).

Upon independent review of the file and for the reasons stated in the

Magistrate Judge’s Report, the Court will accept and adopt the legal and factual

conclusions recommended by the Magistrate Judge, with one minor

clarification.1

Accordingly, it is hereby ORDERED:

1. Magistrate Judge Philip R. Lammens’ Report and Recommendation

(Doc. 121) as clarified is ADOPTED as the opinion of the Court.

1 The Report cites Brown v. Riedl, No. 3:13-CV-36-J-34PDB, 2017 WL 9360887, at *3

(M.D. Fla. Jan. 18, 2017), report and recommendation adopted in part, No. 3:13-CV-36-J-

34PDB, 2017 WL 1161306 (M.D. Fla. Mar. 29, 2017), for the proposition that “court reporter’s

deposition fees are not taxable” costs. Report at 4, n.3. The report and recommendation in

that case did recommend a finding that such fees are not taxable. In adopting the report and

recommendation, however, the Court noted that the defendant did not object to the

recommended exclusion of the court reporter appearance fee. As such, the Court determined

that such costs would not be taxed in that case, but declined to adopt “the portion of the Report

determining that such costs are not taxable as a matter of law.” Brown, No. 3:13-CV-36-J-

34PDB, 2017 WL 1161306, at *3, n. 4.

- 2 -

2. Defendant Florida Fish and Wildlife Conservation Commission’s

Opposed Motion to Tax Costs and Supporting Memorandum of Law

(Doc. 118) is GRANTED, in part, and DENIED, in part.

a. The Motion is GRANTED to the extent that the Clerk of the

Court is DIRECTED to tax costs in the amount of $3,883.70 in

favor of Florida Fish and Wildlife Conservation Commission and

against Plaintiff Michael Lapham, adjust Florida Fish and

Wildlife Conservation Commission’s Bill of Costs (Doc. 116) as

stated in the Report, and enter judgment accordingly.

b. Otherwise, the Motion is DENIED.

DONE AND ORDERED in Chambers, on March 29, 2022.

United States District Judge

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Copies to:

Counsel of Record

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