Wattie-Bey v. Modern Recovery Solutions

Filing 61

ORDER ADOPTING REPORT 60 of Magistrate Judge Saporito, GRANTING Modern Recovery Svcs' motion 45 for attys' fees & costs to extent that Modern Recovery Svcs is granted reimbursement of costs in amt of $471.55 & otherwise DENYING s aid motion 45 , directing that Wattie-Bey pay Modern Recovery Svcs $471.55 as reimbursement of allowable costs under FRCP 54(d)(1) & 28 USC 1920, & DENYING Wattie-Bey's motions 48 , 53 & 56 as MOOT. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/9/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DAVID WATTIE-BEY,
Plaintiff
v.
MODERN RECOVERY SOLUTIONS,
Defendant

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CIVIL ACTION NO. 1:14-CV-1769
(Chief Judge Conner)

ORDER
AND NOW, this 9th day of February, 2017, upon consideration of the report
(Doc. 60) of Magistrate Judge Joseph F. Saporito, Jr., recommending that the court
grant in part and deny in part the motion (Doc. 45) for attorneys’ fees and costs by
defendant Modern Recovery Solutions, and deny the motions (Docs. 48, 53, 56) by
pro se plaintiff David Wattie-Bey (“Wattie-Bey”) for an in camera hearing, to uphold
the public trust, and for mandatory judicial notice, and it appearing that neither
party has objected to the report, see FED. R. CIV. P. 72(b), and the court noting that
failure of a party to timely object to a magistrate judge’s conclusions “may result in
forfeiture of de novo review at the district court level,” Nara v. Frank, 488 F.3d 187,
194 (3d Cir. 2007) (citing Henderson v. Carlson, 812 F.2d 874, 878-79 (3d Cir. 1987)),
but that, as a matter of good practice, a district court should “afford some level of
review to dispositive legal issues raised by the report,” Henderson, 812 F.2d at 878;
see also Taylor v. Comm’r of Soc. Sec., 83 F. Supp. 3d 625, 626 (M.D. Pa. 2015)
(citing Univac Dental Co. v. Dentsply Int’l, Inc., 702 F. Supp. 2d 465, 469 (M.D. Pa.
2010)), in order to “satisfy itself that there is no clear error on the face of the

record,” FED. R. CIV. P. 72(b), advisory committee notes, and the court finding no
error in the report and in full agreement with Judge Saporito’s analysis, it is hereby
ORDERED that:
1.

The report (Doc. 60) of Magistrate Judge Saporito is ADOPTED.

2.

Modern Recovery Services’ motion (Doc. 45) for attorneys’ fees and
costs is GRANTED to the extent that Modern Recovery Services is
granted reimbursement of costs in the amount of $471.55. Modern
Recovery Services’ motion (Doc. 45) is otherwise DENIED.

3.

Wattie-Bey shall pay to Modern Recovery Services the sum of $471.55
as reimbursement of allowable costs under Federal Rule of Civil
Procedure 54(d)(1) and 28 U.S.C. § 1920.

4.

Wattie-Bey’s motions (Docs. 48, 53, 56) are DENIED as moot.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania