Galloway et al v. Volvo Trucks North America, Inc

Filing 193

ORDER that the Court ACCEPTS IN WHOLE 192 Report and Recommendation and hereby GRANTS Plaintiff's Motion 185 for the distribution of judgment to the extent that the $250,000.00 jury award be allocated as follows: $31,084.82 for att orney May's litigation costs; $30,994.66 for the costs of Leitner Williams; $1,358.02 for the costs of attorney Newcomb; $41,666.67 for the attorney's fees of attorney Newcomb; $25,000.00 for attorney's fee of attorney May; $16,666.66 for the attorneys' fee of Leitner Williams; and the remaining $103,229.17 to offset the intervening plaintiffs' subrogation interest. Signed by District Judge Thomas A Varlan on 2/17/09. (ANB)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE SAM GALLOWAY, ) ) Plaintiff, ) ) v. ) ) BIG G EXPRESS, INC. and COMMERCE ) AND INDUSTRY INSURANCE COMPANY, ) ) Intervening Plaintiffs, ) ) v. ) ) VOLVO TRUCKS NORTH AMERICA, INC., ) ) Defendant. ) ORDER This matter is before the Court on the Report and Recommendation filed by United States Magistrate Judge H. Bruce Guyton on January 22, 2009. [Doc. 192.] There have been no timely objections to the Report and Recommendation, and enough time has passed since the filing of the Report and Recommendation to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). After careful review of the matter, the Court is in agreement with Magistrate Judge Guyton's recommendations, which the Court adopts and incorporates into its ruling. The Court ACCEPTS IN WHOLE the Report and Recommendation [Doc. 192] and hereby GRANTS Plaintiff's motion for the distribution of judgment [Doc. 185] to the extent that

No.:

3:05-CV-545 ( VARLAN/GUYTON)

the $250,000.00 jury award be allocated as follows: $31,084.82 for attorney May's litigation costs; $30,994.66 for the costs of Leitner Williams; $1,358.02 for the costs of attorney Newcomb; $41,666.67 for the attorney's fee of attorney Newcomb; $25,000.00 for the attorney's fee of attorney May; $16,666.66 for the attorneys' fee of Leitner Williams; and the remaining $103,229.17 to offset the intervening plaintiffs' subrogation interest. IT IS SO ORDERED.

s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE

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