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Building Materials Corporation of America v. Henkel Corporation
6:15-cv-00548
M.D. Fla.
Oct 27, 2016
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Docket
Case Information

*1 Case 6:15-cv-00548-ACC-GJK Document 160 Filed 10/27/16 Page 1 of 2 PageID 6562

U NITED S TATES D ISTRICT C OURT M IDDLE D ISTRICT O F F LORIDA O RLANDO D IVISION BUILDING MATERIALS CORPORATION OF AMERICA and ROOFING SUPPLY GROUP ORLANDO LLC,

Plaintiffs, v. Case No: 6:15-cv-548-Orl-22GJK HENKEL CORPORATION,

Defendant. R EPORT AND R ECOMMENDATION

This cause came on for consideration without oral argument on the following motion filed herein: MOTION: DEFENDANT HENKEL CORPORATION’S UNOPPOSED MOTION TO TAX COSTS PURSUANT TO BILL OF COSTS (Doc. No. 156) FILED: September 14, 2016 THEREON it is RECOMMENDED that the motion be GRANTED . On August 31, 2016, judgment was entered in favor of Defendant and against the Plaintiffs.

Doc. No. 154. On September 14, 2016, Defendant timely file a Bill of Costs and the instant Unopposed Motion to Tax Costs (the “Motion”). Doc. Nos. 155-156. In the Motion, Defendant requests that the Court tax costs against Plaintiffs in the amount of $13,283.84, with post-judgment interest accruing at the legal rate pursuant 28 U.S.C. § 1961. Defendant has provided a detailed itemization of each cost requested and an affidavit averring that all costs were necessarily incurred

*2 Case 6:15-cv-00548-ACC-GJK Document 160 Filed 10/27/16 Page 2 of 2 PageID 6563 for use in this case. Doc. Nos. 155; 155-1 through 155-6; 156 at 1-11. Defendant argues that all costs requested are recoverable under 28 U.S.C. § 1920. In the Motion, Defendant represents that Plaintiffs do not object to the costs requested. Doc. No. 156 at 11. Accordingly, the Motion is unopposed.

Based on the foregoing, it is RECOMMENDED that: 1. The Motion (Doc. No. 156) be GRANTED ; and 2. The Court enter a separate judgment for costs against the Plaintiffs and in favor of the

Defendant in the amount of $13,283.84.

NOTICE TO PARTIES

A party has fourteen days from this date to file written objections to the Report and Recommendation’s factual findings and legal conclusions. A party’s failure to file written objections waives that party’s right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1.

Recommended in Orlando, Florida on October 27, 2016. Copies furnished to: Presiding District Judge Counsel of Record Unrepresented Party Courtroom Deputy

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Case Details

Case Name: Building Materials Corporation of America v. Henkel Corporation
Court Name: District Court, M.D. Florida
Date Published: Oct 27, 2016
Docket Number: 6:15-cv-00548
Court Abbreviation: M.D. Fla.
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