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)

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.
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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,
Coolerdoorgaskets.com, 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.

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Copies to:
Counsel of Record

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