United States District Court, M.D. Florida, Jacksonville Division
MILLENNIAL CAPITAL MANAGEMENT, LLC, f/k/a Exemplar Capital Management LLC, Plaintiff,
M/Y CLOUD TEN, a 2002 123' Nichols Brothers SWATH Vessel, Official No. 1130416, her engines, apparel, tackle, boats, appurtenances, etc. in rem, and ATLANTIC CLOUD CRUISE LINES, LLC, in personam, Defendants.
MORALES HOWARD, UNITED STATES DISTRICT JUDGE
CAUSE is before the Court on the Report and
Recommendation (Dkt. No. 32; Report), entered by the
Honorable Monte C. Richardson, United States Magistrate
Judge, on August 1, 2017. In the Report, Judge Richardson
recommends that Plaintiff's Motion for Attorney's
Fees (Dkt. No. 28; Motion) be granted, in part, and denied,
in part. See Report at 2, 15-16. No objections to
the Report have been filed, and the time for doing so has
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 facts 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).
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. Accordingly, it is hereby
Magistrate Judge's Report and Recommendation (Dkt. No.
32) is ADOPTED as the opinion of the Court.
Plaintiff's Motion for Attorney's Fees (Dkt. No. 28)
is GRANTED, in part, and DENIED, in part.
Motion is GRANTED to the extent that
Plaintiff is awarded $11, 605.00 in attorney and paralegal
fees and $38, 839.39 in costs and litigation expenses.
Court reserves ruling on the award of any additional fees
and/or costs incurred through the Confirmation of the Sale of
M/Y Cloud Ten.
Otherwise, the Motion is DENIED.
Clerk of Court is directed to enter an AMENDED
JUDGMENT in favor of Plaintiff Millennial Capital
Management, LLC, and against Defendants M/Y Cloud Ten, a 2002
123' Nichols Brothers SWATH Vessel, Official No. 1130416,
her engines, apparel, tackle, boats, appurtenances, etc.,
in rem, and Atlantic Cloud Cruise Lines, LLC, in
personam, for $11, 605.00 in attorney and paralegal
fees, and $38, 839.39 in costs and litigation expenses. The
amended judgment shall state that the Court reserves ruling
on the award of any additional fees and/or costs incurred
through the confirmation of the sale of M/Y Cloud Ten.