Lawrence v. Allied Interstate, Inc.

Filing 27

ORDER for 12 Motion for Attorney Fees filed by Dennis W. Lawrence. For the reasons stated herein[ the Court adopts the Report in its entirety. Plaintiff's motion [dkt. no. 12] is GRANTED and the Clerk of the Court is respectfully requested to enter judgment for Plaintiff in the amount of $4,075. (Signed by Judge Loretta A. Preska on 3/11/2013) (mt)

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USDCSDNY

DOCUMENT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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DENNIS W. LAWRENCE,

12 Civ. 2552 (LAP)
Plaintiff,
ORDER

v.

ALLIED INTERSTATE, INC.,
Defendant.

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LORETTA A. PRESKA, Chief United States District Judge:
On July 9, 2012, Plaintiff filed a motion seeking
attorneys' fees and costs incurred in connection with
Plaintiff's action brought under the Fair Debt Collection
Practices Act, 15 U.S.C.

§

1692, et seq.,

("FDCPA").

Plaintiff

has accepted a modest offer of judgment made by Allied
Interstate, Inc.

The offer of judgment included reasonable

costs and attorneys' fees.

Plaintiff seeks $4,075 in fees and

costs.
The Court referred the attorneys' fees motion to Magistrate
Judge Freeman, who issued a Report and Recommendation on January
30{ 2013 (the "Report") which considered and assessed the
detailed time records provided by the Kimmel Firm.

The Report

recommended that Plaintiff be awarded $2,197.50 in fees and $550
in costs, for a total award of $2,747.50.

(Report at 41.)

The

Report advised that the parties shall have fourteen days from

service of the Report to file written objections.
submitted any objections to the Report.

Neither party

For the reasons set

forth below[ the Court adopts the Report ln its entirety.
A district court may adopt portions of a magistrate[s
report to which \\no specific[ written objection" is made [ as
long as those sections are not clearly erroneous.
Fed.R.Civ.P. 72(b)

i

See

Thomas v. Arn[ 474 U.S. 140[ 149 (1985).

A

district judge may accept[ reject[ or modify[ in whole or in
part[ the findings and recommendation of the magistrate.

See

DeLuca v. Lord[ 858 F.Supp. 1330[ 1345 (S.D.N.Y. 1994).
The Report is not clearly erroneous.

Magistrate Judge

Freeman[s determinations are supported by the law and the record
in all material respects.

Magistrate Judge Freeman used the

\\lodestar" method[ which is arrived at by multiplying \\the
number of hours reasonably expended on the litigation

by a

reasonable hourly rate[" Hensley v. Eckerhart[ 461 U.S. 424
(1983) [ to evaluate Plaintiff[s request for attorneys [ fees and
costs and modified the requested amount from $4[075 to
$2,747.50.
For the reasons stated herein[ the Court adopts the Report
in its entirety.

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Plaintiff's motion [dkt. no. 12] is GRANTED and the Clerk
of the Court is respectfully requested to enter judgment for
Plaintiff in the amount of $4,075.
SO ORDERED.

Dated:

New York, New York
March

JL,

2013

LORETTA A. PRESKA,
CHIEF U.S.D.J.

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