HUNTINGTON LEARNING CENTERS, INC. v. KEARNS-JONES et al

Filing 58

MEMORANDUM ORDER granting plaintiff's 43 Motion for Attorney Fees and Costs. Plaintiff awarded counsel fees in the amount of $55,047.50 and related expenses of $5,807.82 for a total of $60,855.32, jointly and severally against defendant, with post-judgment interest accruing from the date of this Order. Further adopting 51 Report and Recommendation of Magistrate Judge Eddy as the Opinion of the Court. Signed by Judge David S. Cercone on 2/28/18. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

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HUNTINGTON LEARNING CENTERS,
INC.,

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Plaintiff,

2:17-cv-1174
Electronic Filing

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VS.

BARBARA KEARNS-JONES; and
ATHENA EDUCATES, LLC,
Defendants,

MEMORANDUM ORDER

This case was referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial
proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1 )(A) and (B), and Local
Rule of Civil Procedure 72.
This court entered a preliminary and permanent injunction and entered default judgment
against the Defendants on December 14, 2017. (ECF Nos. 47, 48). Plaintiff filed a motion for
attorneys' fees and costs on November 8, 2017. (ECF No. 43). On January 9, 2018, the magistrate
judge entered a report and recommendation recommending that Plaintiffs motion for attorneys'
fees and costs be granted and that Plaintiff be awarded an amount of$55,047.50 for attorneys' fees
and an amount of $5,807.82 for costs for a total recovery of $60,855.32. (ECF No. 51). Plaintiffs
were ordered to serve a copy of the report and recommendation on Defendants and so provided
proof of service on January 10, 2018. (ECF No. 52). The parties were given until January 23, 2018
to file objections to the report and recommendation. No objections have been filed as of this date.
After a review of the record in this case, together with the report and recommendation as
to the motion for attorneys' fees and costs, the following Order is entered:

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IT IS HEREBY ORDERED that after considering all facts and arguments presented to the
court upon due notice to all parties and that Court having reviewed the Plaintiffs motion for
attorneys' fees and costs, Plaintiffs motion is GRANTED and Plaintiff is awarded its reasonable
attorneys' fees of $55,047.50 and related expenses of $5,807.82, for a total of$60,855.32jointly
and severally against Defendants, with post-judgment interest accruing from the date of this Order.
IT IS FURTHER ORDERED that the report and recommendation (ECF No. 51) is hereby
adopted as the opinion of the court.

Dated:

David Stewart Cercone
Senior United States District Judge

cc:

Honorable Cynthia Reed Eddy,
United States Magistrate Judge
Christopher L. Nickels, Esquire
Scott Mcintosh, Esquire
Larissa E. Koshatka, Esquire
(Via CMIECF Electronic Mail)

Barbara Keams-Jones
Athena Educates, LLC
108 Hazel Street
Bentleyville, PA 15 314
(Via First Class Mail)

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