Garduno Guevara v. Soto Soto (TV2)

Filing 40

ORDER adopting Report and Recommendations re 39 Report and Recommendations and granting in part and denying in part 24 Motion for Attorney Fees. It is ORDERED that attorneys fees in the amount of $50,312.47 be payable to plaintiffs counsel under 22 U.S.C. § 9007(b)(3). Signed by Chief District Judge Thomas A Varlan on 1/30/2017. (MDG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
EUGENIO GARDUNO GUEVARA,
Plaintiff,
v.
ALMA SOTO SOTO,
Defendant.

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No.:

3:15-CV-548-TAV-CCS

ORDER
This civil matter is before the Court on the Report and Recommendation (the
“R&R”) entered by United States Magistrate Judge C. Clifford Shirley, Jr. on December
20, 2016 [Doc. 39]. In the R&R, Magistrate Judge Guyton recommends that the Court
grant in part and deny in part plaintiff’s Motion for Attorney’s Fees, Suit Expenses, and
Costs [Doc. 24]. Specifically, Judge Shirley recommends that a reduced amount of
attorneys’ fees be awarded, primarily because he finds that plaintiff’s request for
paralegal fees is estimated at an unreasonably high rate, and he thus slightly discounts the
amount per hour [Doc. 39 p. 5]. Additionally, Judge Shirley recommends that certain
expenses not be awarded because plaintiff failed to supply justification for these
particular expenses [Id. at 6]. In sum, Judge Shirley recommends that plaintiff’s counsel
be awarded a total of $50,312.47, as follows: (1) $43,000.00 in attorney’s fees; (2)
$1,762.50 in paralegal fees; and (3) $5,549.97 in expenses [Id. at 7].

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. 39]. Plaintiff’s Motion
for Attorney’s Fees, Suit Expenses, and Costs [Doc. 24] is GRANTED in part and
DENIED in part. It is ORDERED that attorney’s fees in the amount of $50,312.47 be
payable to plaintiff’s counsel under 22 U.S.C. § 9007(b)(3).
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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