Tinker Inc v. Poteet

Filing 96

Order Accepting 95 Findings and Recommendations on Motion re: 88 Motion for Attorney Fees. Accordingly, the court denies Barbara Poteet and Captain Billy Whizzbangs Hamburgers, Inc.s Motion for Attorneys Fees and Related Non-Taxable Expenses 88 . (Ordered by Judge Sam A Lindsay on 8/31/2018) (epm)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
TINKER, INC. d/b/a The Hamburger
Man,
Plaintiff,
v.
BARBARA POTEET d/b/a The
Hamburger Man and CAPTAIN BILLY
WHIZZBANG’S HAMBURGERS, INC.
d/b/a The Hamburger Man,
Defendants.

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Civil Action No. 3:14-CV-2878-L

ORDER
Before the court is Barbara Poteet and Captain Billy Whizzbang’s Hamburgers, Inc.’s
Motion for Attorneys’ Fees and Related Non-Taxable Expenses (Doc. 88), filed October 16, 2017,
which was referred to United States Magistrate Judge Renée Harris Toliver for hearing, if
necessary, and for her to submit to the court proposed findings and recommendations for
disposition of the motion. On August 9, 2018, the Findings, Conclusions and Recommendation
of the United States Magistrate Judge (“Report”) (Doc. 95) was filed. Judge Toliver found that
this action was not an “exceptional” case, and, therefore, Defendants were not entitled to an award
of attorney’s fees. No objections to the Report were filed within the 14-day period allowed
pursuant to Federal Rule of Civil Procedure 72(b).
After a careful review of the motion for attorney’s fees, the parties’ briefing on the motion,
the record, and the Report, the court determines that findings and conclusions of the Magistrate
Judge are correct, and accepts them as those of the court. Accordingly, the court denies Barbara

Order – Page 1

Poteet and Captain Billy Whizzbang’s Hamburgers, Inc.’s Motion for Attorneys’ Fees and Related
Non-Taxable Expenses (Doc. 88).
It is so ordered this 31st day of August, 2018.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2