Wagenheim v. GC Works Inc et al

Filing 73

ORDER granting in part and denying in part 58 Motion for Attorney Fees; adopting Report and Recommendations re 71 Report and Recommendations.. Signed by Judge William P. Dimitrouleas on 9/2/2010. (ls)

Wagenheim v. GC Works Inc et al

Doc. 73

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-60422-CIV-DIMITROULEAS CHARLES WAGENHEIM, on his own behalf and for others similarly situated, Magistrate Judge Snow Plaintiff, vs. GC WORKS, INC., a Florida corporation, and LANCE WAYNE, individually, Defendants. ____________________________________/ ORDER ADOPTING REPORT OF MAGISTRATE JUDGE THIS CAUSE is before the Court upon the Plaintiff's Motion for Attorneys' Fees [DE 58], filed on April 22, 2010, and the Report and Recommendation of the Magistrate Judge Lurana S. Snow, dated August 10, 2010 [DE 71]. The Court notes that no objections to the Report have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge's factual findings in the Report are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F.2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Although no timely objections were filed, the Court has conducted a de novo review of the Report and record and is otherwise fully advised in the premises. The Magistrate Judge recommended that the Motion be granted in part. The Court agrees with the Magistrate Judge's conclusion that the hourly fee sought by Plaintiff is reasonable, but the fees sought should be reduced by $1450.

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Accordingly, it is ORDERED AND ADJUDGED as follows: 1. APPROVED; 2. 3. Plaintiff's Motion for Attorneys' Fees [DE 58] is hereby GRANTED in part; Plaintiff Charles Wagenheim shall recover from Defendants GC Works, Inc. and The Report and Recommendation [DE 71] is hereby ADOPTED and

Lance Wayne the amounts of $26,812.20 in attorney's fees, and $653.38 in costs. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 2nd day of September, 2010.

Copies furnished to: Magistrate Judge Snow Counsel of record