J. Alexander Investments, Inc. v. Irons et al

Filing 240

ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATION 239 THAT DEFENDANT PHILIP ANDREW IRONS' BILL OF COSTS BE GRANTED 230 AS AMENDED. Signed by Senior JUDGE HELEN GILLMOR on 4/8/2011. ~ The Court finds and recommends t hat Defendants Bills of Costs for $3,799.12 be GRANTED in full. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mai l address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on 4/11/2011 the date of this docket entry Modified on 4/8/2011 (ecs, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII J. ALEXANDER INVESTMENTS, INC., ) ) Plaintiff, ) ) vs. ) ) PHILLIP ANDREW IRONS, MICHAEL ) ZAPARA, JEFFREY ULDRICKS, ) TRICIA CASTILLO-DE FORGE, U.S. ) FINANCIAL MORTGAGE CORP., JOHN ) DOES 1-10, JANE DOES 1-10, DOE ) CORPORATIONS 1-10, DOE ) PARTNERSHIPS 1-10, GOVERNMENTAL ) ENTITIES 1-10, ) ) Defendants. ) ) _______________________________ ) CIVIL NO. 08-420 HG-BMK

ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATION (DOC. NO. 239) THAT DEFENDANT PHILIP ANDREW IRONS' BILL OF COSTS BE GRANTED (DOC. NO. 230) AS AMENDED Findings and Recommendation having been filed on March 18, 2011, and served on March 18, 2011 upon those parties of record who, as Registered Participants of CM/ECF, received the document electronically, and no objections having been filed by any party, IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title 28, United States Code, Section 636(b)(1)(C) and Local Rule 74.2, the "Findings and Recommendation that Defendant Philip Andrew Irons's Bill of Costs be Granted" (Doc. No. 239) is adopted as the opinion and order of this Court with the following modification: On page 2, starting at paragraph 3 through the remainder of 1

the order, it shall read as follows: In Plaintiff's combined Opposition to Defendant's Motion for Attorneys' Fees and Bill of Costs, Plaintiff argues first that James Alexander should not be personally liable for the debts of named Plaintiff, J. Alexander Investments, Inc. The Court denied the

request for the substitution of James Alexander for Plaintiff at hearing held on August 13, 2009. 45.) The issue is closed. (Doc.

The Court also denies

Plaintiff's second and third arguments: (2) the request for fees and costs should be denied because Defendant passed away during the pendency of this case, and (3) the request for attorneys' fees is unreasonable. 235.) (Doc.

Plaintiff does not raise any specific objections The Court

to the merits of Defendant's Bill of Costs.

finds and recommends that Defendant's Bills of Costs for $3,799.12 be GRANTED in full. IT IS SO ORDERED. DATED: April 8, 2011, Honolulu, Hawaii.

/S/ Helen Gillmor Helen Gillmor United States District Judge

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