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United Title Group, LLC v. Regions Bank

United States District Court, M.D. Florida, Orlando Division

March 7, 2017

UNITED TITLE GROUP, LLC, Plaintiff,
v.
REGIONS BANK, Defendant.

          REPORT AND RECOMMENDATION

          GREGORY J. KELLY UNITED STATES MAGISTRATE JUDGE.

         This cause came on for consideration without oral argument on the following motions filed herein:

MOTION:DEFENDANT REGION BANK'S MOTION TO TAX COSTS AGAINST PLAINTIFF (Doc. No. 14)
FILED:December 13, 2016
THEREON it is RECOMMENDED that the motion be GRANTED.
MOTION:DEFENDANT REGION BANK'S MOTION FOR AN
AWARD OF REASONABLE ATTORNEYS' FEES AND RELATED NONTAXABLE EXPENSES (Doc. No. 15)
FILED:December 13, 2016 THEREON it is RECOMMENDED that the motion be GRANTED.

         I. FACTUAL BACKGROUND

         A. The Complaint

         On November 4, 2016, Defendant removed a single-count complaint from state court (the “Complaint”). Doc. No. 2. In the Complaint, Plaintiff alleges that Defendant was negligent in its handling of unauthorized wire transfers sent from Plaintiff's account. Id. at 4-5. On November 9, 2016, Defendant filed a Motion to Dismiss (the “Motion to Dismiss”) arguing that Article 4A of the Uniform Commercial Code preempts Plaintiff's common law negligence claim. Doc. No. 4 at 2-5. Defendant also requested the Court award attorneys' fees pursuant to the parties' contract. Id. at 5. Plaintiff did not respond to the Motion to Dismiss. Accordingly, on November 29, 2016, the Court granted the Motion to Dismiss and dismissed the case without prejudice. Doc. No. 11 at 1.[1]

         B. The Motion for Costs

         On December 13, 2016, Defendant filed a Proposed Bill of Costs (the “Bill of Costs”) and a motion in support thereof (the “Motion for Costs”). Doc. Nos. 13, 14. In the Motion for Costs, Defendant requests that the Court tax costs against Plaintiff in the amount of $400.00, representing the filing fee for removing the action from state court. Doc. Nos. 1, 13, 14 at 2-3. Plaintiff did not file a response to the Motion for Costs.

         C. The ...


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