GATX Corporation et al v. Appalachian Fuels, LLC et al

Filing 109

ORDER ADOPTING REPORT AND RECOMMENDATIONS: (1) The Magistrate Judge's Report and Recommendation 108 is hereby ADOPTED as the findings of fact and conclusions of law of the Court; (2) Plaintiff GATX Corporation is hereby awarded attorney s' fees in the amount of $320,689.66; (a) Dft. Energy Coal Resource, Inc. is liable for the entire amount; (b) Dft. Illinois Holding Company, Inc. and Illinois Fuel Company LLC are jointly and severally liable for only fifteen percent (15%) of that amount, or $48,103.45; and (3) This matter is hereby dismissed and STRICKEN from the active docket of the Court. Signed by Judge David L. Bunning on 7/26/11.(KSS)cc: COR

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION
AT ASHLAND
CIVIL ACTION NO. 09-41-DLB
GATX CORPORATION

vs.

PLAINTIFF

ORDER ADOPTING
REPORT AND RECOMMENDATION

APPALACHIAN FUELS, LLC, ET AL.

DEFENDANTS

****************
This matter is before the Court on the Report and Recommendation (R&R) of
United States Magistrate Judge Edward B. Atkins, wherein he recommends that Plaintiff
GATX Corporation be awarded attorneys’ fees in the amount of $320,689.66. (Doc. # 108).
No objections having been filed and the time to do so having now expired, the matter is ripe
for review.

Upon review of the R&R, and the Court being in agreement with the

recommended disposition in all respects, and being otherwise sufficiently advised,
IT IS ORDERED as follows:
(1)

The Magistrate Judge’s Report and Recommendation (Doc. # 108) is hereby
ADOPTED as the findings of fact and conclusions of law of the Court;

(2)

Plaintiff GATX Corporation is hereby awarded attorneys’ fees in the amount
of $320,689.66;
(a)

Defendant Energy Coal Resource, Inc. is liable for the entire amount;

(b)

Defendants Illinois Holding Company, Inc. and Illinois Fuel Company,

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LLC are jointly and severally liable for only fifteen percent (15%) of
that amount, or $48,103.45; and
(3)

This matter is hereby dismissed and STRICKEN from the active docket of the
Court.

This 26th day of July, 2011.

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