Varlesi v. Wayne State University et al

Filing 157

ORDER Accepting Report & Recommendation as to Defendant The Salvation Army's Motion for Costs and Fees 139 . Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TINA M. VARLESI,
Plaintiff,
Case No. 10-14793
Honorable Denise Page Hood

v.
WAYNE STATE UNIVERSITY,
THE SALVATION ARMY, CAROL
PREMO, ANWAR NAJOR-DURACK,
PHYLLIS I. VROOM, SHAWN J. LEE,
ANTONIO GONZALES-PRENDES,
MARGARET BRUNHOFER and
JOYCE STEFANSKI,
Defendants.
___________________________________/

ORDER ACCEPTING REPORT AND RECOMMENDATION
AS TO DEFENDANT THE SALVATION ARMY’S MOTION FOR COSTS AND FEES
This matter is before the Court on Magistrate Judge Michael Hluchaniuk’s Report and
Recommendation filed February 25, 2013 on Defendant The Salvation Army’s Motion for Costs and
Attorney Fees. To date, no Objections have been filed to the Report and Recommendation and the
time to file such Objections has passed.
The Court has had an opportunity to review this matter and finds that the Magistrate Judge
reached the correct conclusion. The Court agrees with the Magistrate Judge that although Defendant
The Salvation Army is a prevailing party, it is not entitled to attorney fees under 42 U.S.C. § 1988(b)
and 28 U.S.C. § 1927. The Court further agrees with the Magistrate Judge that other than the costs
taxed by the Clerk as the prevailing party, Defendant Salvation Army is not entitled to costs under
42 U.S.C. § 1988(b).
Accordingly,

IT IS ORDERED that the Report and Recommendation of Magistrate Judge Magistrate
Judge Michael J. Hluchaniuk filed February 25, 2013 (Doc. No. 139) is ACCEPTED and
ADOPTED as this Court's findings and conclusions of law.
IT IS FURTHER ORDERED that Defendant Salvation Army’s Motion for Costs and
Attorney Fees (Doc. No. 96) is DENIED.

S/Denise Page Hood
Denise Page Hood
United States District Judge
Dated: March 26, 2013
I hereby certify that a copy of the foregoing document was served upon counsel of record on March
26, 2013, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

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