Goza v. Memphis Light, Gas and Water Division

Filing 161

ORDER ADOPTING REPORT AND RECOMMENDATION GRANTING PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND COSTS. Signed by Judge Jon Phipps McCalla on 11/7/2019. (mm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

MICHAEL GOZA,
Plaintiff,
v.
MEMPHIS LIGHT, GAS, AND WATER
DIVISION, a division of the City of
Memphis, Tennessee,
Defendant.

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Case No. 2:17-cv-2873-JPM-dkv

ORDER ADOPTING THE REPORT AND RECOMMENDATION GRANTING
PLAINTIFF’S MOTION FOR ATTORNEY’S FEES AND COSTS

Before the Court is the Report and Recommendation filed by U.S. Magistrate Judge
Diane K. Vescovo on October 8, 2019. (ECF No. 156.) In the Report and Recommendation, the
Magistrate Judge recommends that Plaintiff’s July 18, 2019 Motion for Award of Attorney’s
Fees and Costs (ECF No. 132) be granted in part and that the Court award Plaintiff “$256,067.50
in reasonable attorney’s fees and $10,692.88 in costs.” (ECF No. 158 at PageID 3562.)
“Within 14 days after being served with a copy of the recommended disposition, a party
may serve and file specific written objections to the proposed findings and recommendations.”
Fed. R. Civ. P. 72(b)(2). Neither the Plaintiff nor Defendant Memphis Light, Gas and Water
Division has filed any objections to the Report and Recommendation, and the time for filing
objections expired on October 22, 2019. See Fed. R. Civ. P. 5(b)(2), 6(d), 72(b)(2).

“When no timely objection is filed, the court need only satisfy itself that there is no clear
error on the face of the record in order to accept the recommendation.” Fed. R. Civ. P. 72(b)
advisory committee note.

On clear-error review of the Magistrate Judge’s Report and

Recommendation, the Court hereby ADOPTS the Report and Recommendation in its entirety.
Accordingly, Plaintiff’s Motion for Attorney’s Fees and Costs is GRANTED in part. Plaintiff
Goza is hereby awarded $256,067.50 in attorney’s fees and $10,692.88 for costs, for a total
award of $266,760.38.
SO ORDERED, this 7th day of November, 2019.
/s/ Jon P. McCalla
JON P. McCALLA
UNITED STATES DISTRICT JUDGE

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