Kincheloe v. N.A.R., Inc.

Filing 12

ORDER by Magistrate Judge Kristen L. Mix on 1/20/15. Unopposed Motion for Attorney Fees [#10] is GRANTED.(lgale, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02440-KLM
JOSHUA KINCHELOE,
Plaintiff,
v.
N.A.R., INC.,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Unopposed Motion for Attorney Fees
[#10] (the “Motion”). Plaintiff seeks attorney’s fees pursuant to 15 U.S.C. § 1692k, which
provides for an award of attorney’s fees for a successful action under the Fair Debt
Collection Practices Act. Motion [#10] at 1. On November 8, 2014, Plaintiff filed a Notice
of Acceptance of Offer of Judgment [#8]. Defendant’s Offer of Judgment Pursuant to Fed.
R. Civ. P. 68 [#8-1] stated: “In addition, Plaintiff’s costs and reasonable attorneys’ fees are
to be added to the judgment as against Defendant; said fees and costs shall be as are
agreed to between counsel for the parties, or if they are unable to agree, as determined by
the Court upon motion . . . .” According to the Motion, the parties have agreed that
$1,544.00 in fees should be paid by Defendant to Plaintiff. Motion [#10] at 2. Having
reviewed the docket in this matter, the Court finds no reason to disturb the parties’
agreement. Accordingly,

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IT IS HEREBY ORDERED that the Motion [#10] is GRANTED.
IT IS FURTHER ORDERED that the Clerk of Court shall amend the Final Judgment
[#11]1 in this matter by entering judgment in favor of Plaintiff for an additional $1,544.00.
IT IS FURTHER ORDERED that, if appropriate, the Clerk of Court shall enter costs
in accordance with the uncontested Bill of Costs [#10-1] provided by Plaintiff.

Dated: January 20, 2015

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The Clerk of Court appropriately entered Final Judgment [#11] in this matter on January
13, 2015, in accordance with Plaintiff’s Notice of Acceptance of Offer of Judgment [#8]. See Fed.
R. Civ. P. 68(a).

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