Clementoni v. Allied Interstate, Inc.

Filing 46

ORDER - IT IS HEREBY ORDERED that the REPORT AND RECOMMENDATION of MJ Carlson is ADOPTED. 45 31 Plaintiffs motion for attorneys fees and costs (Doc. No. 31) is GRANTED IN PART, and the Clerk of Court is directed to enter judgment in favor of Plaintiff in the following amounts: $350 for costs, $1501 stipulated offer of judgment, plus $7314 in attornes fees for a total of $9165.00.Signed by Chief Judge Yvette Kane on July 31, 2013. (sc)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA PAMELA CLEMENTONI, Plaintiff v. ALLIED INTERSTATE, INC., Defendant : : : : : : : No. 4:12-cv-936 (Chief Judge Kane) (Chief Magistrate Judge Carlson) ORDER THE BACKGROUND OF THIS ORDER IS AS FOLLOWS: On May 18, 2012, Plaintiff filed the above-captioned action pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. (Doc. No. 1.) On November 21, 2012, Plaintiff accepted Defendant’s Federal Rule 68 offer of judgment to settle her claims for $1,501.00, plus reasonable costs and attorneys’ fees. (Doc. No. 30.) Plaintiff then moved the Court to award her attorneys’ fees in the amount of $9,875.00. (Doc. No. 31.) Plaintiff’s motion for attorneys’ fees was referred to Chief Magistrate Judge Carlson, who issued a Report and Recommendation that recommended granting Plaintiff’s motion in part. (Doc. No. 45.) No timely objections were filed. ACCORDINGLY, on this 31st day of July 2013, upon review of the record and the applicable law, IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation of Chief Magistrate Judge Carlson (Doc. No. 45) is ADOPTED; 2. Plaintiff’s motion for attorneys’ fees and costs (Doc. No. 31) is GRANTED IN PART, and the Clerk of Court is directed to enter judgment in favor of Plaintiff in the following amounts: COSTS: STIPULATED OFFER OF JUDGMENT: 1 $350.00 $1,501.00 ATTORNEYS’ FEES: TOTAL: 3. $7,314.00 $9,165.00 The Clerk of Court is directed to close the case. S/ Yvette Kane Yvette Kane, Chief Judge United States District Court Middle District of Pennsylvania 2

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