United States District Court, M.D. Florida, Orlando Division
REPORT AND RECOMMENDATION
GREGORY J. KELLY UNITED STATES MAGISTRATE JUDGE.
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.
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
The Motion for Costs
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.