Schwern v. Plunkett

Filing 101

OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 99 . Defendant's Motion for Attorney Fees 87 and Bill of Costs 88 are Granted and Defendant shall be awarded attorney fees in the amount of $37,521.18 and his costs in the amount of $952.03. Signed on 8/27/17 by Judge Marco A. Hernandez. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

MICHAEL G. SCHWERN,
Plaintiff,

No. 3:14-cv-146-PK
OPINION & ORDER

v.

PATRICK PLUNKETT,
Defendant.

HERNÁNDEZ, District Judge:
Magistrate Judge Paul Papak issued a Findings and Recommendation [99] on July 5,
2017, in which he recommends that the Court grant Defendant’s motion for attorney fees [87]
and bill of costs [88].
Because neither party timely filed an objection to the Magistrate Judge’s Findings and
Recommendation, the Court is relieved of its obligation to review the record de novo. United
States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v.
Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of

1 – ORDER

Magistrate Judge’s report to which objections have been made). Having reviewed the legal
principles de novo, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Papak’s Findings & Recommendation [99].
Accordingly, Defendant’s motion for attorney fees [87] and bill of costs [88] are granted and
Defendant shall be awarded attorney fees in the amount of $37,521.18 and his costs in the
amount of $ 952.03.
IT IS SO ORDERED.

DATED this

day of

, 2017.

____________________________________
MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER