Jackson et al v. Board of Trustees of Wolf Point, Montana, School District No. 45-45A et al

Filing 82

IT IS HEREBY ORDERED that Judge Strongs findings and recommendations, Doc. 80, are ADOPTED with the modification that the Plaintiffs shall receive $137,587.61 instead of $135,921.61. Judgment shall be entered accordingly. Signed by Judge Brian Morris on 5/6/2014. (SLL, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
RONALD JACKSON, et al.,

CV-13-65-GF-BMM-RKS

Plaintiffs,
vs.

ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS

THE BOARD OF TRUSTEES OF
WOLF POINT, MONTANA,
SCHOOL DISTRICT NO. 45-45A,
et al.,
Defendants.

The Court referred this case to United States Magistrate Judge Keith Strong.
Judge Strong entered findings and recommendations on April 21, 2014, to grant
Plaintiff’s motion for attorney fees. Doc. 80.
Plaintiffs prevailed in a lawsuit that addressed malapportioned voting
districts in violation of the Equal Protection Clause of the United States
Constitution’s Fourteenth Amendment. Judge Strong found that the Plaintiffs are
entitled to attorneys’ fees and costs by statute. Id. He recommended that the
Plaintiffs should be awarded $135,921.61 in fees and costs. Id.
Neither party objected to Judge Strong’s findings and recommendations.
Therefore, this Court reviews Judge Strong’s findings and recommendations for
clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach, Inc., 656 F.2d
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1309, 1313 (9th Cir. 1981). Clear error exists only if the Court’s review leaves it
with a “definite and firm conviction that a mistake has been committed.” Silva v.
Woodford, 279 F.3d 825, 835 (9th Cir. 2002).
Though

neither

party

objects

to

Judge

Strong’s

findings

and

recommendations, the Plaintiffs respond that the Court approved paralegal costs in
the amount of $1,666.00, but inadvertently omitted this amount from the total
amount of costs awarded.

Doc. 81.

Plaintiffs asked that the total award of

attorneys’ fees be increased from $135,921.61 to $137,587.61. Id. Plaintiffs are
correct. They shall be awarded $137,587.61 in fees and costs. This Court finds no
other clear error in Judge Strong’s findings and recommendations, Doc. 80, and
adopts the remainder of the findings and recommendations in full.
IT IS HEREBY ORDERED that Judge Strong’s findings and
recommendations, Doc. 80, are ADOPTED with the modification that the
Plaintiffs shall receive $137,587.61 instead of $135,921.61. Judgment shall be
entered accordingly.
DATED this 6th day of May, 2014.

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