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)

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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 § § § § § § § § § § § § 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. Page 1 of 2 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 . Page 2 of 2

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