Michels Corporation v. EMS USA, Inc.

Filing 31

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 25 MOTION for Attorney Fees. The Memorandum and Recommendation, Doc. 28, is ADOPTED. Michels Corporations Motion for an Award of Attorneys Fees and Costs, Doc. 25, is GRANTED. Michels Corporation should recover from EMS USA, Inc. $30,810.15 in attorneys fees, and $806.65 in costs. (Signed by Judge Melinda Harmon) Parties notified.(jdav, 4)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION MICHELS CORPORATION, Plaintiff, VS. EMS USA, INC., Defendant. § § § § § § § § June 14, 2018 David J. Bradley, Clerk CIVIL ACTION NO. 4:16-CV-2340 OPINION AND ORDER ADOPTING MAGISTRATE JUDGE’S MEMORANDUM AND RECOMMENDATION Pending before the Court in the above-referenced proceeding is Movant Michels Corporation’s (“Michels”) Motion for an Award of Attorneys’ Fees and Costs, Doc. 25; and Judge Stacy’s Memorandum and Recommendation that the Court grant the Movant’s Motion for Attorneys’ Fees, Doc. 28. Defendant EMS USA, Inc. (“EMS”) did not respond to the Motion. Neither EMS nor Michels objected to the Memorandum and Recommendation. Thus, under Local Rule 7.4, the Motion and Memorandum and Recommendation are deemed unopposed. Upon review, the Court agrees with the Magistrate Judge’s conclusion that an attorney’s fees should be awarded, but paralegal fees are not sufficiently supported by this record. Doc. 3– 4. Accordingly, the Court hereby ORDERS that the Memorandum and Recommendation, Doc. 28, is ADOPTED. Michels Corporation’s Motion for an Award of Attorneys’ Fees and Costs, Doc. 25, is GRANTED. It is further ORDERED that Michels Corporation should recover from EMS USA, Inc. $30,810.15 in attorneys’ fees, and $806.65 in costs. Entry of this Order shall constitute entry of final judgment as to attorneys’ fees. 1/2 SIGNED at Houston, Texas, this 13th day of June, 2018. ___________________________________ MELINDA HARMON UNITED STATES DISTRICT JUDGE 2/2

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