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Shipping & Transit, LLC v. 1A Auto, Inc.

United States District Court for the Southern District of Florida

October 18, 2017, Decided; October 20, 2017, Entered on Docket

Case No. 16-cv-81039-BLOOM/Valle



THIS CAUSE is before the Court upon Defendant 1A Auto, Inc.'s ("Defendant") Verified Motion for Award of Attorney Fees and Costs Pursuant to 35 U.S.C. §285, filed on December 6, 2016. ECF No. [25] ("Motion"). The Motion was previously referred to the Honorable Alicia O. Valle for a Report and Recommendation. ECF No. [30]. Plaintiff Shipping and Transit, LLC ("Plaintiff") filed its Response to the Motion, ECF No. [26], on December 20, 2016, and Defendant filed its Reply on January 6, 2017. The Court allowed subsequent briefing that included Plaintiff's Sur-reply, ECF No. [34], and Defendant's Response to the Sur-reply, ECF No. [37]. A hearing was held before Judge Valle on June 15, 2017. See ECF No. [45].

On September 26, 2017, Judge Valle issued [**2]  a Report and Recommendation, recommending that this Court grant in part Defendant's Motion and award Defendant $62,364.73 in attorneys' fees and $66.27 in costs. See ECF No [51]. Neither party has objected to the Report and Recommendation,  [*1294]  nor sought additional time by which to do so.1

The Court has conducted a de novo review of Judge Valle's Report and Recommendation and the record and is otherwise fully advised in the premises. See Williams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Upon review, the Court finds Judge Valle's Report and Recommendation to be well reasoned and correct. The Court agrees with the thorough analysis in Judge Valle's Report and Recommendation and concludes that the Motion must be GRANTED IN PART for the reasons set forth therein.

Accordingly, it is ORDERED AND ADJUDGED that

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283 F. Supp. 3d 1290 *; 2017 U.S. Dist. LEXIS 184456 **

SHIPPING AND TRANSIT, LLC, Plaintiff, v. 1A AUTO, INC., d/b/a 1AAUTO.COM, Defendant.

Prior History: Shipping & Transit, LLC v. 1A Auto, Inc., 2017 U.S. Dist. LEXIS 158927 (S.D. Fla., Sept. 26, 2017)


Recommendation, attorney's fees, costs, briefing