Francois v. Fried Green Tomatoes, et al

Filing 264

ORDER granting 248 Motion for Attorney Fees; affirming and adopting 260 Report and Recommendations. Signed by Judge Cecilia M. Altonaga on 2/2/2009. (ps1)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION Case No. 06-60241-CIV-ALTONAGA/Brown SAINVILUS FRANCOIS, Plaintiff, vs. FRIED GREEN TOMATOES, INC. and BILLIE GEMMILL, Defendants. _________________________________/ ORDER AFFIRMING AND ADOPTING MAGISTRATE JUDGE'S REPORT THIS CAUSE came before the Court upon Magistrate Judge Stephen T. Brown's Report and Recommendation ("Report") [D.E. 260], filed on January 14, 2009. On December 1, 2008, Plaintiff filed a Verified Motion to Tax Attorney's Fees ("Motion') [D.E. 248]. The Court referred the Motion to Magistrate Judge Brown under 28 U.S.C. § 636(b)(1). In the Report, Judge Brown recommends that appellate attorneys' fees in the total sum of $26,840.00 be awarded to Plaintiff. Defendants have not filed any specific objections to Judge Browns's Report.1 The Court has carefully reviewed Judge Brown's Report, the parties' written submissions, and the applicable law, and has conducted a de novo review of the record. The undersigned is in full agreement with the analysis and recommendations stated in Judge Brown's Report. Accordingly, it is ORDERED AND ADJUDGED that Judge Brown's Report [D.E. 260] is AFFIRMED AND ADOPTED. Plaintiff's Motion [D.E. 248] is GRANTED. Counsel for Plaintiff are hereby awarded

In their Response to Plaintiff's Motion, Defendants assert they "do not dispute that Plaintiff is entitled to reasonable attorneys' fees." (Response to Motion [D.E. 255] at 1).

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Case No. 06-60241-CIV-ALTONAGA/Brown

their reasonable attorney's fees and costs, in the amount of $26,840.00 against Defendants, Fried Green Tomatoes, Inc. and Billie Gemmill, together with interest thereon, for all of which let execution issue. DONE AND ORDERED in Chambers at Miami, Florida, this 2nd day of February, 2009.

_________________________________ CECILIA M. ALTONAGA UNITED STATES DISTRICT JUDGE
C o p i e s provided to: (1 ) M a g is tr a te Judge Stephen T. Brown (2) C o u n s e l of record

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