Uptown Grill, LLC v. Shwartz et al

Filing 394

ORDER - IT IS ORDERED that the Report and Recommendations of the Magistrate Judge (Rec. Doc. 385 ) is ADOPTED in its entirety. Accordingly; IT IS ORDERED that CGH's Motion for Attorney Fees (Rec. Doc. 362 ) is GRANTED IN PART. IT IS FURTHER ORDERED that Chartres Grill, LLC and Grill Holdings, LLC be ordered to pay to CGH $22,362.56 in reasonable attorney's fees. Signed by Judge Jane Triche Milazzo on 8/14/2018.(Reference: All Cases)(sa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
UPTOWN GRILL, LLC

CIVIL ACTION

VERSUS

NO: 13-6560
C/W: 14-810, 14-837
RE: 14-810, 14-837

MICHAEL LOUIS SHWARTZ, ET AL

SECTION: “H”(4)

ORDER
Before the Court are a Motion to Fix Attorney’s Fees (Doc. 362) filed by
Camelia Grill Holdings, Inc. (“CGH”), a Report and Recommendations on the
Motion prepared by the Magistrate Judge, and objections and responses to the
Report and Recommendations filed by the parties. The Court reviews the
Report and Recommendations de novo.
CGH objects to the Magistrate Judge’s use of the lodestar method to
calculate fees and the reduction in time imposed because CGH was unable to
prove any damages as a result of the breach of the License Agreement. As to
the former, CGH cites to no authority supporting the proposition that the
lodestar method is contrary to Louisiana law. As to the latter, CGH sought to
present evidence of damages to which it was not entitled under the law. The
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Magistrate Judge was correct in observing that CGH achieved only partial
success on its motion. This Court therefore adopts the Report and
Recommendations in its entirety. Accordingly;
IT IS ORDERED that CGH’s Motion is GRANTED IN PART.
IT IS FURTHER ORDERED that Chartres Grill, LLC and Grill
Holdings, LLC be ordered to pay to CGH $22,362.56 in reasonable attorney’s
fees.
New Orleans, Louisiana this 14th day of August, 2018.

____________________________________
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE

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