J & J Sports Productions Incorporated v. Arvizu

Filing 22

ORDER ADOPTING 21 Report and Recommendation. Granting in Part and Denying in Part 20 Motion for Attorney Fees. Plaintiff is awarded $470.00 in costs. Signed by Senior Judge Frank R Zapata on 5/21/14. (SMBE)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Francisco Arvizu, individually and d/b/a )
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Pancho’s Cantina & Grill,
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Defendant.
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J & J Sports Productions, Inc.,

No. CV 12-550 -TUC-FRZ
ORDER

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Before the Court for consideration is Plaintiff’s Motion for Award of Costs and

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Attorneys’ Fees and the Report and Recommendation of United States Magistrate Judge D.

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Thomas Ferraro, recommending that the Court, after its independent review, award costs in

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the amount of $470 and deny the request for fees.

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This matter was referred to the United States Magistrate Judge for all pretrial

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proceedings and report and recommendation in accordance with the provisions of 28 U.S.C.

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§ 636(b)(1) and LRCiv 72.1 and LRCiv 72.2, Local Rules of Practice.

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On January 17, 2014, Magistrate Judge Ferraro issued his Report and

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Recommendation, recommending that the District Court, after its independent review of the

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record herein, grant Plaintiff”s Application for Default Judgment and enter judgment against

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the Defendant in the total amount of $3400, which includes $1200 for the licensing fee,

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$1200 for future deterrence and $1000 for enhanced damages, excluding attorney’s fees and

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costs.

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Plaintiff was directed to comply with LRCiv 54.2 and Fed. R. Civ. P. 54(d)(2) in filing

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its motion for attorney’s fees and LRCiv 54.1 and Fed. R. Civ. P. 54(d)(1) in seeking its

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costs.

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The Court referred this case back to Magistrate Judge Ferraro in the event Plaintiff
filed a motion for attorneys’ fees in accordance with the Report and Recommendation.

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Plaintiff filed its motion for an award of costs and for attorneys’ fees on January 28,

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2014. Magistrate Judge Ferraro issued the present Report and Recommendation on April 22,

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2014.

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No objections to the Report and Recommendation were filed.

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The Court finds, after consideration of all matters presented and there being no

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objection, that the findings of the Magistrate Judge as set forth in the Report and

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Recommendation, shall be accepted and adopted as the findings of fact and conclusions of

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law of this Court. Accordingly,

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IT IS HEREBY ORDERED that Magistrate Judge Ferraro’s Report and

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Recommendation (Doc. 21) is ACCEPTED and ADOPTED as the findings of fact and

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conclusions of law by this Court;

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IT IS FURTHER ORDERED that Plaintiff’s Motion for Award of Costs and
Attorneys’ Fees (Doc. 20) is GRANTED in part and DENIED in part;
IT IS FURTHER ORDERED that Plaintiff is awarded $470.00 in costs in
accordance thereto.

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DATED this 21st day of May, 2014.

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