True Manufacturing Company, Inc. v. Boys et al

Filing 45

ORDER granting 38 Motion for Attorney Fees; adopting 44 Report and Recommendations.. Signed by Judge Roy B. Dalton, Jr. on 4/18/2017. (VMF)

Download PDF
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION TRUE MANUFACTURING COMPANY, INC., Plaintiff, v. Case No. 6:16-cv-634-Orl-37GJK CHRISTOPHER BOYS; COOLERDOORGASKETS.COM, INC.; AMEET MAGNATH; and BLUEPRINT UNIVERSITY, INC., Defendants. _____________________________________ ORDER In this trademark infringement action, the Court: (1) directed the Clerk to enter default judgment against Defendants; and (2) determined that Plaintiff was entitled to an award of reasonable attorney fees. (Doc. 36 (“Default Judgment Order”).) Pursuant to the Default Judgment Order, Plaintiff filed a motion seeking reasonable attorney fees (Doc. 38 (“Fees Motion”)). On referral, U.S. Magistrate Judge Gregory J. Kelly recommends that the Court grant the Fees Motion. (Doc. 44 (“R&R”).) Defendants did not object to the R&R, and the time for doing so has now passed. 1 In its Fees Motion, Plaintiff requests a total award, inclusive of attorney fees and costs, of $19,675.55 (“Award”). (Doc. 38, ¶¶ 5–6.) Based on copies of detailed billing records, affidavits from Plaintiff’s counsel, and experience, Magistrate Judge Kelly 1 To date, Defendants have yet to make an appearance in this action. -1- concludes that: (1) the billing rates and hours worked are reasonable; and (2) Plaintiff demonstrated its entitlement to $400 in costs. (Doc. 44, pp. 3–5.) Thus, Magistrate Judge Kelly recommends that the Court grant the full amount of the Award. (Id. at 6.) In the absence of objections, the Court has examined the R&R for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also Marcort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the Court concludes that the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. U.S. Magistrate Judge Gregory J. Kelly’s Report and Recommendation (Doc. 44) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Plaintiff True Manufacturing Company, Inc.’s Motion for Attorney Fees and Costs (Doc. 38) is GRANTED. 3. The Clerk is DIRECTED to enter judgment in favor of Plaintiff True Manufacturing Company, Inc. and against Defendants Christopher Boys,, Inc., Ameet Magnath, and Blueprint University, Inc. in the amount of $19,675.55. DONE AND ORDERED in Chambers in Orlando, Florida, on April 18, 2017. -2- Copies to: Counsel of Record -3-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?