Vician et al v. Roberts et al

Filing 38

ORDER adopting 30 REPORT AND RECOMMENDATIONS re 26 MOTION for Taxation of Costs and Attorneys' Fees filed by Justin Langley, Renee Ast, Eric Vician. Plaintiffs' Motion 26 is hereby GRANTED and the Clerk of Court is directed to enter judgment in favor of Plaintiffs and against Defendant Timothy Roberts for attorneys' fees in the amount of $7,152.50 and costs in the amount of $605.00. The Clerk of Court is further directed to close this case and terminate any other pending motions. Signed by Judge Elizabeth A. Kovachevich on 6/30/2015. (rjm)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

ERIC VICIAN, RENEE AST, and
JUSTIN LANGLEY, on their own behalf
and on behalf of those similarly situated,
Plaintiffs,
v.

Case No. 8:13-CV-1871-EAK-TGW

TIMOTHY M. ROBERTS,
DAVID HUNTER, DAVID BUCKEL,
TERRANCE TAYLOR
And TODD WALLACE,
Defendants.
_____________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court pursuant to Magistrate Judge Thomas G. Wilson’s
Report and Recommendation (R&R) issued March 20, 2015, (Doc. # 30). The Magistrate Judge
recommended granting Plaintiffs’ Motion to Tax Attorneys’ Fees and Expenses (Doc. # 26).
BACKGROUND
On July 19, 2013, Plaintiffs filed a four-count Complaint alleging violation of the Fair
Labor Standards Act of 1938, as amended, 29 U.S.C. § 201, et seq. (“FLSA”) and seeking to
recover unpaid minimum wages and overtime wages on behalf of themselves and those similarly
situated. (Doc. # 26).

Plaintiffs moved for default judgment April 7, 2014. (Doc. # 18). On

January 13, 2015, Magistrate Wilson recommended granting the motion for default judgment and
that default judgment be entered in favor of Plaintiffs and against Defendant Roberts in the amount
of $51,895.90, plus post-judgment interest. (Doc. # 23). The Court adopted and incorporated that
R&R and granted the Motion for Default Judgment. (Doc. # 24).

Case No. 8:10-CV-92-T-17MAP
On February 20, 2015, Plaintiffs filed a Motion to Tax Attorneys’ Fees and Expenses
pursuant to 29 U.S.C. § 216(b) of the FLSA. (Doc. # 26). Plaintiffs calculated the total lodestar
amount of $7,152.50 according to twelve factors the Eleventh Circuit relied on in Johnson v.
Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974), and calculated litigation expenses
in the amount of $605.00. (Doc. # 26). Defendant Roberts failed to file a response to this motion.
On March 20, 2015, the Magistrate Judge recommended that the Plaintiffs’ Motion to Tax
Attorneys’ Fees and Expenses be granted. (Doc. # 30).
LEGAL STANDARD
Under the Federal Magistrate’s Act (“Act”), Congress vested Article III judges with the
power to authorize a United States Magistrate Judge to conduct evidentiary hearings pursuant to
28 U.S.C. § 636. A District Court Judge may designate a United States Magistrate Judge to conduct
hearings, including evidentiary hearings, in order to submit proposed findings of fact and
recommendations (i.e., R&R) for the disposition of motions for injunctive relief. 28 U.S.C. §
636(b)(1)(B). Section 636(b)(1) also states that a District Judge shall make a de novo determination
of those portions of the R&R to which objection is made. 28 U.S.C. § 636(b)(1).
When a party makes a timely and specific objection to a finding of fact in the R&R, the
District Court should make a de novo review of the record with respect to that factual issue. (28
U.S.C. § 636(b)(1)); U.S. v. Raddatz, 447 U.S. 667 (1980); Jeffrey S. v. State Board of Education
of State of Georgia, 896 F.2d 507 (11th Cir. 1990). However, when no timely and specific
objections are filed, case law indicates the court should review the findings using a clearly
erroneous standard. Gropp v. United Airlines. Inc., 817 F.Supp. 1558, 1562 (M.D. Fla. 1993). No
timely objections were filed.

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Case No. 8:10-CV-92-T-17MAP
The Court has reviewed the R&R and made an independent view of the record under the
clearly erroneous standard. Upon due consideration, the Court concurs with the R&R.
Accordingly, it is
ORDERED that the March 20, 2015 Report and Recommendation, (Doc. # 30), is
ADOPTED and INCORPORATED BY REFERENCE; the Plaintiffs’ Motion to Tax
Attorneys’ Fees and Expenses, (Doc. # 26), is GRANTED; the Clerk of Court is directed to enter
judgment for the Plaintiffs and against the Defendant for attorneys’ fees in the amount of $7,152.50
and cost in the amount of $605.00, plus post-judgment interest, pursuant to 29 U.S.C. 216(b) of
the FLSA. The Clerk of Court is further directed to close this case and to terminate any other
pending motions.
DONE and ORDERED in Chambers, in Tampa, Florida, this 30th day of June, 2015.

Copies to:

All Counsel and Parties of Record

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