Access for the Disab, et al v. Tritt, et al

Filing 64

ORDER granting 55 Motion for Attorney Fees & 61 Supplemental Motion for Attorney Fees; adopting Report and Recommendations 62 . Signed by Judge Daniel T. K. Hurley on 4/28/10. (lr)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 06-80899-CIV-HURLEY/HOPKINS ACCESS FOR THE DISABLED, INC., et al., Plaintiffs, v. FFH, INC., Defendant. ______________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND GRANTING PLAINTIFFS' MOTIONS FOR ATTORNEYS' FEES THIS CAUSE is before the court upon plaintiffs' motion for attorneys' fees [DE # 55], plaintiffs' supplemental motion for attorneys' fees [DE # 61], and the report and recommendation of the Honorable James M. Hopkins, United States Magistrate Judge [DE # 62], recommending that the court grant both motions. Defendant filed an objection to the report and recommendation [DE # 63].1 Pursuant to 28 U.S.C. 636(b)(1) and Fed. R. Civ. P. 72(b)(3), the court has reviewed de novo those portions of the magistrate judge's report and recommendation to which objections have been made. Having carefully reviewed the Magistrate Judge's report and recommendation and defendant's objection, the court finds the resolution of the issues as recommended by Magistrate Judge Hopkins to be sound and well reasoned. The court therefore adopts those recommendations. Upon review of the report of the magistrate judge and defendant's objections, it is hereby Defendant requests a five-day extension of time to supplement the objection. But since more than five days have passed since that request was made with no supplement having been filed, the court will deny that request as moot. 1 ORDERED and ADJUDGED: 1. 2. Defendant's objection to the magistrate judge's report [DE # 63] is OVERRULED. Defendant's request for a five-day extension of time to supplement the objection [DE # 63] is DENIED as MOOT. 2. The Report and Recommendation of the United States Magistrate Judge [DE # 62] is ADOPTED in its entirety and incorporated herein by reference. 3. Plaintiff's motion for attorneys' fees [DE # 55] is GRANTED. supplemental motion for attorneys' fees [DE # 61] is GRANTED. 4. Pursuant to Fed. R. Civ. p. 58(a), the court will enter final judgment by separate order. DONE and SIGNED in Chambers at West Palm Beach, Florida this 28th day of April, 2010. Plaintiffs' ____________________________ Daniel T. K. Hurley United States District Judge Copies provided to counsel of record Hon. James M. Hopkins 2

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