Yellowpages Photos, Inc. v. YP, LLC

Filing 249

ORDERED: The Report and Recommendation of the Magistrate Judge 248 is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. Defendants' Motion for Attorneys' Fees and Costs 238 is DENIED without prejudice. Defendants are granted leave to re-file their motion within thirty (30) days of the entry of a mandate by the Court of Appeals on Plaintiff's pending appeal. Plaintiff's Motion to Stay Consideration of Defendants' Motion for Fees 242 is DENIED as moot. Signed by Judge Charlene Edwards Honeywell on 11/16/2020. (JDE)

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Case 8:17-cv-00764-CEH-JSS Document 249 Filed 11/16/20 Page 1 of 2 PageID 8831 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION YELLOWPAGES PHOTOS, INC., Plaintiff, v. Case No: 8:17-cv-764-T-36JSS YP, LLC and PRINT MEDIA LLC, Defendants. / ORDER This cause comes before the Court upon the Report and Recommendation filed by Magistrate Judge Julie S. Sneed on October 29, 2020 (Doc. 248). In the Report and Recommendation, Magistrate Judge Sneed recommends that Defendants’ Motion for Attorneys’ Fees and Costs (Doc. 238) be denied without prejudice and with leave to re-file within thirty days of the entry of a mandate by the Court of Appeals on Plaintiff’s pending appeal. It is also recommended that Plaintiff’s Motion to Stay Consideration of Defendants’ Motion for Fees (Doc. 242) be denied as moot. All parties were furnished copies of the Report and Recommendation and were afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). No such objections were filed. Upon consideration of the Report and Recommendation, and upon this Court’s independent examination of the file, it is determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED AND ADJUDGED: (1) The Report and Recommendation of the Magistrate Judge (Doc. 248) is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. Case 8:17-cv-00764-CEH-JSS Document 249 Filed 11/16/20 Page 2 of 2 PageID 8832 (2) Defendants’ Motion for Attorneys’ Fees and Costs (Doc. 238) is DENIED without prejudice. Defendants are granted leave to re-file their motion within thirty (30) days of the entry of a mandate by the Court of Appeals on Plaintiff’s pending appeal. (3) Plaintiff’s Motion to Stay Consideration of Defendants’ Motion for Fees (Doc. 242) is DENIED as moot. DONE AND ORDERED at Tampa, Florida on November 16, 2020. Copies to: The Honorable Julie S. Sneed Counsel of Record 2

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