VP Gables, LLC v. Cobalt Group, Inc

Filing 71

ORDER adopting in part 57 Report and Recommendations; ORDER granting in part and denying in part 20 Motion for Attorney Fees. Signed by Judge Paul C. Huck on 1/27/09. (lc1)

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 08-20227-CIV-HUCK/O'SULLIVAN V P GABLES, LLC, P l a i n t i f f, vs. T H E COBALT GROUP, INC., Defendant. _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ / O R D E R AFFIRMING IN PART REPORT AND RECOMMENDATION; ORDER GRANTING IN PART DEFENDANT'S MOTION FOR FEES AND COSTS T H IS CAUSE comes before the Court upon Plaintiff's Objections to the Report and R e co m m en d atio n of United States Magistrate Judge John J. O'Sullivan (D.E. #58), filed Dec. 5, 2008. M agistrate Judge O'Sullivan's Report and Recommendation addressed Defendant's Verified Motion for Attorneys' Fees and Costs, wherein he recommended the Defendant be awarded attorneys fees in th e amount of $128,361.50. T h e Court has reviewed de novo the Report and Recommendation, Plaintiff's Objections, D efen d an t's Response to Plaintiff's Objections, Plaintiff's Reply, and the record, and is otherwise duly adv ised. The Court finds that the hourly rate of $130 for the paralegal, Sarah Garcia, should be reduced to $100. Furthermore, although Magistrate Judge O'Sullivan's Report recommended reducing the h ou rly rate of $400 for the general counsel, Lee Brunz, to $365, this Court finds that Mr. Brunz's h o u rly rate should be further reduced to $300. Accordingly, it is hereby O R D E R E D that the Report and Recommendation be RATIFIED and AFFIRMED as to all issu es except that the Defendant should be awarded attorneys fees in the amount of $121,087.50, in stead of the $128,361.50 recommended in the Report and Recommendation and instead of the $ 1 5 9 ,7 5 5 .0 0 requested by the Defendant. Defendant's Verified Motion for Attorneys' Fees and Costs is therefore GRANTED IN PART and DENIED IN PART. D O N E in Chambers, Miami, Florida, this 27th day of January, 2009.

________________________________ Paul C. Huck United States District Judge C o p ies furnished to: M agistrate Judge John J. O'Sullivan C o u n s e l of Record