Lebamoff Enterprises, Inc. et al v. Snyder et al

Filing 77

ORDER denying 67 Motion for Attorney Fees; granting 72 Motion for Review; adopting 76 Report and Recommendation. Signed by District Judge Arthur J. Tarnow. (MLan)

Case 2:17-cv-10191-AJT-APP ECF No. 77, PageID.1049 Filed 12/21/21 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LEBAMOFF ENTERPRISES, ET AL.,
Case No. 17-10191
Plaintiffs,
SENIOR U.S. DISTRICT JUDGE
ARTHUR J. TARNOW

v.
SNYDER, ET AL,

U.S. MAGISTRATE JUDGE
ANTHONY P. PATTI

Defendants,
MICHIGAN WINE & BEER
WHOLESALERS ASSOCIATION,
Intervening Defendant.
/
ORDER ADOPTING REPORT AND RECOMMENDATION [76], DENYING
DEFENDANTS’ MOTION FOR ATTORNEY FEES [67], AND GRANTING DEFENDANTS’
MOTION TO REVIEW [72]
On March 30, 2021, the Court reopened this case following remand from the
Court of Appeals and entered an amended judgment in favor of Defendants. (ECF
No. 64; ECF No. 65). On April 27 and 29, 2021, Defendants moved for attorney fees
and for the Court to review the clerk’s taxation of costs. (ECF No. 67; ECF No. 72).
The Court referred both of these Motions [67, 72] to the Magistrate Judge. (ECF No.
68; ECF No. 73).
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Case 2:17-cv-10191-AJT-APP ECF No. 77, PageID.1050 Filed 12/21/21 Page 2 of 2

On November 29, 2021, the Magistrate Judge issued a Report and
Recommendation (“R&R”). (ECF No. 76). The R&R recommended that the Court
deny Defendants’ Motion for Attorney Fees [67], grant Defendants’ Motion to
Review [72], accept Defendants’ Amended Bill of Costs [72-1], and award
Defendants $734.98 in costs. (Id.). No objections to the R&R were filed within the
fourteen-day period for filing objections.
The Court having reviewed the record, the R&R [76] is hereby ADOPTED
and entered as the findings and conclusions of the Court.
Accordingly,
IT IS ORDERED that Defendants’ Motion for Attorney Fees [67] is
DENIED.
IT IS FURTHER ORDERED that Defendants’ Motion to Review [72] is
GRANTED. The Court ACCEPTS Defendants’ Amended Bill of Costs [72-1] and
AWARDS Defendants $734.98 in costs.

SO ORDERED.

Dated: December 21, 2021

s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge

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