Skaer v. National Action Financial Services, Inc.

Filing 20

ORDER. The magistrate judges Recommendation Regarding Plaintiffs Motion for Attorney Fees and Costs (Docket No. 13) 18 filed 06/17/2008 is APPROVED and ADOPTED as an order of this court. The plaintiffs Motion for Attorneys Fees and Costs 13 filed 05/14/2008 is GRANTED in part. Susan Skaer is AWARDED attorneys fees and costs. The plaintiffs Motion for Attorneys Fees and Costs 13 filed 05/14/2008, is DENIED otherwise by Judge Robert E. Blackburn on 03/18/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn

Civil Case No. 08-cv-00422-REB-MJW SUSAN SKAER, Plaintiff, v. NATIONAL ACTION FINANCIAL SERVICES, INC., a Georgia corporation, Defendant.
ORDER ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Blackburn, J. This matter is before me on the following: (1) the plaintiff's Motion for Attorneys Fees and Costs [#13] filed May 14, 2008; and (2) the Recommendation Regarding Plaintiff's Motion for Attorney Fees and Costs (Docket No. 13) [#18] filed June 17, 2008. I approve and adopt the magistrate judge's recommendation, I grant the motion for attorney fees and costs in part, and I deny the motion in part. None of the parties has filed objections to the magistrate judge's recommendation. Therefore, I am required only to review the recommendation for plain error. See MoralesFernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). The recommendation is detailed and well-reasoned. Finding no error, much less plain error, in the magistrate judge's reasoning and recommended disposition, I find and conclude that the arguments advanced, authorities cited, and findings of fact, conclusions of law, and recommendation proposed by the magistrate judge should be approved and adopted. THEREFORE, IT IS ORDERED as follows:

1. That the magistrate judge's Recommendation Regarding Plaintiff's Motion for Attorney Fees and Costs (Docket No. 13) [#18] filed June 17, 2008, is APPROVED and ADOPTED as an order of this court; 2. That the plaintiff's Motion for Attorneys Fees and Costs [#13] filed May 14, 2008, is GRANTED in part; 3. That under 15 U.S.C. § 1692k(a)(3), the plaintiff, Susan Skaer, is AWARDED attorney fees in the amount of $2,125 and costs in the amount of $435.00; 4. That under FED. R. CIV. P. 60(a), the Judgment [#12] filed April 30, 2008, is AMENDED to include the award of attorney fees in the amount of $2,125 and costs in the amount of $435.00, which amounts are in addition to the judgment in favor of the plaintiff and against the defendant, in the amount of $4,001.00, as specified in the Judgment [#12]; 5. That the plaintiff's Motion for Attorneys Fees and Costs [#13] filed May 14, 2008, is DENIED otherwise.

Dated March 18, 2009, at Denver, Colorado. BY THE COURT:

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