Phillips et al v. Fitzgerald et al [TV2]

Filing 13

ORDER: The Court ACCEPTS IN WHOLE the R&R [Doc. 12 ]. Plaintiffs' Motion for Attorneys' Fees and Costs [Doc. 11 ] is GRANTED in part and DENIED in part. Plaintiffs are AWARDED a total of $8,206.57, representing � 36;7,894.73 in attorneys' fees and expenses incurred in obtaining a default judgment in this case, along with $311.84 in attorneys fees associated with filing the Motion for Attorneys' Fees and Costs. Signed by Chief District Judge Thomas A Varlan on 3/11/15. (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
JOHNNY R. PHILLIPS, and wife
LINDA PHILLIPS, and
LLOYD PHILLIPS,
Plaintiffs,
v.
WILLIAM FITZGERALD,
SABRINA FITZGERALD, and
CAROL FITZGERALD,
Defendants.

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No.:

3:14-CV-156-TAV-CCS

ORDER
This civil matter is before the Court on the Report and Recommendation (“R&R”)
entered by United States Magistrate Judge C. Clifford Shirley Jr. on February 19, 2015
[Doc. 12]. In the R&R, Magistrate Judge Shirley recommends that the Court grant in part
and deny in part plaintiffs’ Motion for Attorneys’ Fees and Costs [Doc. 11]. Specifically,
Magistrate Judge Shirley recommends that the Court award plaintiffs a total of $8,206.57,
representing the attorneys’ fees and expenses that plaintiffs have so far reasonably
incurred in litigating this case. Magistrate Judge Shirley recommends that the Court deny
plaintiffs’ request for an award of an additional $2,500, representing the amount that
plaintiffs anticipate they will incur in attempting to collect on the judgment in this case.
There have been no timely objections to the R&R, and enough time has passed since the

filing of the R&R to treat any objections as having been waived. See 28 U.S.C. §
636(b)(1); Fed. R. Civ. P. 72(b).
After reviewing the matter, the Court is in agreement with Magistrate Judge
Shirley’s recommendations, which the Court adopts and incorporates into its ruling.
Accordingly, the Court ACCEPTS IN WHOLE the R&R [Doc. 12]. Plaintiffs’ Motion
for Attorneys’ Fees and Costs [Doc. 11] is GRANTED in part and DENIED in part.
Plaintiffs are AWARDED a total of $8,206.57, representing $7,894.73 in attorneys’ fees
and expenses incurred in obtaining a default judgment in this case, along with $311.84 in
attorneys’ fees associated with filing the Motion for Attorneys’ Fees and Costs.
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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