Opinion

Tecnoglass, LLC v. Paredes

Court
District Court, S.D. Florida
Filed
Feb 6, 2025
Cited by
0 cases
Authority
More cited than 33.9%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 1:22-cv-22356-KMM

TECNOGLASS, LLC,

Plaintiff,

v.

EUSEBIO PAREDES, et al.,

Defendants.

/

ORDER ON REPORT AND RECOMMENDATION

THIS CAUSE came before the Court upon Plaintiff Tecnoglass, LLC’s (“Plaintiff”)

Amended Motion for an Award of Attorneys’ Fees. (“Motion” or “Mot.”) (ECF No. 118).

Therein, Plaintiff requests $347,609.50 in attorneys’ fees. Id. at 1. The Motion was referred to

the Honorable Lauren F. Louis, United States Magistrate Judge (ECF No. 120) who issued a Report

and Recommendation, (“R&R”) (ECF No. 128), recommending that the Motion be GRANTED,

in part, and DENIED, in part. No objections to the R&R were filed, and the time to do so has now

passed. The matter is now ripe for review. As set forth below, the Court ADOPTS the R&R.

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)(1); Fed. R. Crim. P. 59(b)(3).

The Court “must consider de novo any objection to the magistrate judge’s recommendation.” Fed.

R. Crim. P. 59(b)(3). A de novo review is therefore required if a party files “a proper, specific

objection” to a factual finding contained in the report. Macort v. Prem, Inc., 208 F. App’x 781,

784 (11th Cir. 2006). “It is critical that the objection be sufficiently specific and not a general

objection to the report” to warrant de novo review. Id. Yet when a party has not properly objected

to the magistrate judge’s findings, “the court need only satisfy itself that there is no clear error on

the face of the record in order to accept the recommendation.” See Keaton v. United States, No.

14-21230-CIV, 2015 WL 12780912, at *1 (S.D. Fla. May 4, 2015); see also Lopez v. Berryhill,

No. 17-CV-24263, 2019 WL 2254704, at *2 (S.D. Fla. Feb. 26, 2019) (stating that a district judge

“evaluate[s] portions of the R & R not objected to under a clearly erroneous standard of review”

(citing Davis v. Apfel, 93 F. Supp. 2d 1313, 1317 (M.D. Fla. 2000))).

In her Report and Recommendation, Magistrate Judge Louis recommends that: (1) the

Motion should not be denied for failure to comply with Local Rule 7.3; (2) Defendants Building

Envelope Systems, Inc. (“BES”) and Defendant RC Home Showcase, Inc. (“RC Home”) should

be jointly and severally liable for the entire award of reasonable attorneys’ fees; (3) an across-the-

board reduction of 30 percent to the total fee award sought by Plaintiff is reasonable; and (4)

accordingly, Plaintiff should be awarded $243,326.65 in reasonable attorneys’ fees. See generally

R&R. This Court agrees.

Accordingly, UPON CONSIDERATION of the Motion, the R&R, the pertinent portions

of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND

ADJUDGED that the R&R (ECF No. 128) is ADOPTED.

Plaintiff's Amended Motion for Attorney Fees is GRANTED, in part, and DENIED, in

part. Plaintiff is awarded $243,326.65 in attorneys’ fees.

DONE AND ORDERED in Chambers at Miami, Florida, this _6¢/_ day of February,

2025.

L x VW. Wheorm

K. MICHAEL MOORE

UNITED STATES DISTRICT JUDGE

c: All counsel of record

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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