Freedom From Religion Foundation, Inc. v. Abbott et al

Filing 167

ORDER ADOPTING 162 Report and Recommendation and GRANTING 152 Motion for Attorney Fees, filed by Freedom From Religion Foundation, Inc.. Signed by Judge Robert Pitman. (jv2)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
FREEDOM FROM RELIGION
FOUNDATION, INC.,
Plaintiff,
v.
GOVERNOR GREG ABBOTT and ROD
WELSH, Executive Director of The Texas State
Preservation Board, In Their Official Capacities,
Defendants.

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1:16-CV-233-DII

ORDER
Before the Court is the report and recommendation of United States Magistrate Judge
Dustin Howell concerning Plaintiff Freedom from Religion Foundation, Inc.’s (“FFRF”) Motion for
Attorney’s Fees and Costs, (Dkt. 152). (R. & R., Dkt. 162). Both parties timely filed objections to the
report and recommendation, (Objs., Dkts. 163, 164), and responses to each other’s objections to the
report and recommendation, (Resp., Dkts. 165, 166).
A party may serve and file specific, written objections to a magistrate judge’s findings and
recommendations within fourteen days after being served with a copy of the report and
recommendation and, in doing so, secure de novo review by the district court. 28 U.S.C.
§ 636(b)(1)(C). Because the parties timely objected to the report and recommendation, the Court
reviews the report and recommendation de novo. Having done so and for the reasons given in the
report and recommendation, the Court overrules the parties’ objections and adopts the report and
recommendation as its own order.
Accordingly, the Court ORDERS that the report and recommendation of United States
Magistrate Judge Dustin Howell, (Dkt. 162), is ADOPTED.

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IT IS FURTHER ORDERED that FFRF’s Motion for Attorney’s Fees and Costs, (Dkt.
152), is GRANTED.
IT IS FINALLY ORDERED that FFRF shall recover from Defendants $342,556.31 in
attorneys’ fees 1 and $3,957.36 in costs.
The Court will enter an amended final judgment by separate order.
SIGNED on January 12, 2024.

ROBERT PITMAN
UNITED STATES DISTRICT JUDGE

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FFRF’s requested $456,741.75, reduced by 25% to account for mixed success.

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