Stallworth v. Waste Pro USA, Inc.

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)).