Clark et al v. Employee Funding of America, LLC

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 23 Report and Recommendations, 20 MOTION for Attorney Fees (Signed by Judge Keith P Ellison) Parties notified. (aar4)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
IN RE: SYNGENTA PRODUCTS
LIABILITY LITIGATION
CLAYTON CLARK, et al.,
Plaintiffs,
VS.
EMPLOYEE FUNDING OF
AMERICA, LLC,
Defendant.1

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June 04, 2024
Nathan Ochsner, Clerk

CIVIL ACTION NO. 4:23-cv-03031

ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is a Motion for Attorneys’ Fees and Costs filed by purported
Plaintiffs Clayton Clark and his associated law firms Clark, Love & Hutson, GP, and Clark, Love
& Hutson, PLLC (collectively “Clark”), along with Peter Flowers and his law firm Meyers &
Flowers, LLC (collectively “Flowers”). ECF No. 20. The Motion for Attorneys’ Fees and Costs
was referred to Magistrate Judge Dena Hanovice Palermo for a Report and Recommendation. ECF
No. 19. On May 20, 2024, Judge Palermo issued a Report and Recommendation, finding that Clerk
and Flowers are entitled to full reimbursement of their costs and a reduced award of attorneys’
fees. ECF No. 23. The deadline for filing objections passed on June 3, 2024,
and no objections were filed.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Report and
Recommendation for clear error. Finding no clear error, the Court adopts the Report and
Recommendation in its entirety. Accordingly, the Motion for Attorneys’ Fees and Costs (ECF No.

1

In alignment with Judge Palermo, the Court utilizes the case caption as styled in the notice of
removal for the sake of consistency and without prejudice.
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20) is hereby GRANTED. Defendant Employee Funding of America, LLC, is ORDERED to pay
Clark and Flowers’s reasonable attorneys’ fees in the amount of $74,344.50 and costs in the
amount of $141.00, for a total of $74,485.50.
IT IS SO ORDERED.
SIGNED at Houston, Texas on this the 4th of June, 2024.

_____________________________
KEITH P. ELLISON
UNITED STATES DISTRICT JUDGE
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