Trustees of the Plumbers and Pipefitters National Pension Fund et al v. John Craig Plumbing LLC

Filing 16

ORDER: The Court ADOPTS as modified Magistrate Judge Hubel's Findings and Recommendation 13 and, accordingly, GRANTS Plaintiffs Motion 8 for Default Judgment and AWARDS attorneys fees in the amount of $1,235.00 and costs in th e amount of $406.00. The Court directs Plaintiffs to file no later than August 31, 2012, a final proposed form of judgment consistent with this Order and the Magistrate Judges Findings and Recommendation for the Courts review. Signed on 08/13/2012 by Judge Anna J. Brown. See attached 4 page Order for full text. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

TRUSTEES OF THE PLUMBERS AND
PIPEFITTERS NATIONAL PENSION
FUND; TRUSTEES OF THE U.A.
UNION LOCAL NO. 290 PLUMBER,
STEAMFITTER AND SHIPFITTER
INDUSTRY HEALTH AND WELFARE
TRUST; TRUSTEES OF THE U.A.
UNION LOCAL 290 PLUMBER,
STEAMFITTER AND SHIPFITTER
INDUSTRY RETIREE HEALTH TRUST;
TRUSTEES OF THE U.A. UNION
LOCAL NO. 290 PLUMBER,
STEAMFITTER AND SHIPFITTER
INDUSTRY 401(K) PLAN AND
TRUST; TRUSTEES OF THE UNITED
ASSOCIATION LOCAL NO. 290
APPRENTICESHIP AND JOURNEYMAN
TRAINING TRUST FUND; TRUSTEES
OF THE U.A. UNION LOCAL NO.
290 PLUMBER, STEAMFITTER AND
SHIPFITTER INDUSTRY VACATION,
SCHOLARSHIP AND EDUCATIONAL
REIMBURSEMENT TRUST; and
TRUSTEES OF THE PLUMBING AND
PIPING MANAGEMENT TRUST FUND,
Plaintiffs,
v.
JOHN CRAIG PLUMBING LLC,
Defendant.

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ORDER

03:12-CV-471-HU
ORDER

BROWN, Judge.
Magistrate Judge Dennis J. Hubel issued Findings and
Recommendation (#13) on June 25, 2012, in which he recommends the
Court grant the Plaintiffs’ Motion (#8) for Default Judgment.
Plaintiffs filed timely Objections (#15) to the Findings and
Recommendation only with respect to the lack of an award of
attorneys’ fees and costs in the Findings and Recommendation.
This matter is now before the Court under 28 U.S.C. § 636(b)(1)
and Federal Rule of Civil Procedure 72(b).
When any party objects to any portion of the Magistrate
Judge's Findings and Recommendation, the district court must make
a de novo determination of that portion of the Magistrate Judge's
report.

28 U.S.C. § 636(b)(1).

See also United States v. Reyna-

Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc); United
States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988).

For

those portions of the Findings and Recommendation to which the
parties do not object, the Court is relieved of its obligation to
review the record de novo as to that portion of the Findings and
Recommendation.

Reyna-Tapia, 328 F.3d at 1121.

Plaintiffs contend the Magistrate Judge erred because he
failed to award Plaintiffs attorneys’ fees and costs that
Plaintiff sought in their Motion for Default Judgment.
Plaintiffs, therefore, urge the Court to modify the Findings and
Recommendation to award attorneys’ fees and costs.
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ORDER

The Court notes the Magistrate Judge, in fact, reviewed
Plaintiffs’ request for attorneys’ fees and costs and concluded
they are reasonable under the circumstances.

The Findings and

Recommendation, however, does not expressly recommend the Court
to award attorneys’ fees and costs.

The Court has reviewed

counsel’s submissions in support of the request for attorneys’
fees and costs and concurs with the Magistrate Judge that
Plaintiffs’ requested fee (6.5 hours of work at a rate of $190
per hour) is reasonable under the circumstances and that
Plaintiffs’ costs are supported by “appropriate documentation” as
required by Local Rule 54-1(a) evincing Plaintiffs’ filing fee
and service of summons.

Accordingly, the Court awards

Plaintiffs’ attorneys’ fees and costs and adopts the Findings and
Recommendation as modified.

CONCLUSION
The Court ADOPTS as modified Magistrate Judge Hubel's
Findings and Recommendation (#13) and, accordingly, GRANTS
Plaintiffs’ Motion (#8) for Default Judgment and AWARDS
attorneys’ fees in the amount of $1,235.00 and costs in the
amount of $406.00.
The Court directs Plaintiffs to file no later than
August 31, 2012, a final proposed form of judgment consistent

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ORDER

with this Order and the Magistrate Judge’s Findings and
Recommendation for the Court’s review.
IT IS SO ORDERED.
DATED this 13th day of August, 2012.

/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

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ORDER