Bartlett v. Thomas Edward Wells and Ruth Alice Wells Family Trusts et al

Filing 30

REPORT AND RECOMMENDATIONS re 27 MOTION for Attorney Fees: magistrate recommends granting attorney fees in the amount of $3,882.50. Objections to R&R due by 7/6/2009. Magistrate Judge Samuel Alba no longer assigned to case. Signed by Magistrate Judge Samuel Alba on 6/19/09 (alt)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

ROBERT AUSTIN BARTLETT, Plaintiff, Case No. 2:08-CV-367-TC

v.

THOMAS EDWARD WELLS and RUTH ALICE WELLS FAMILY TRUSTS & RUTH SIXSTONE-WELLS JOINT AND SEVERAL; ROKNEBO, INC.; RUTH SIXSTONEWELLS; YARN COMPANY OF PALM DESERT, LLC; MAHLER CORPORATION; MATT H. MORRIS; THE J. WELLS & WELLS COLLECTION; and DOES 1-10;

REPORT AND RECOMMENDATION

Defendants.

Before the court is a Motion for Attorney Fees filed by Defendants Ruth Sixstone-Wells, Thomas Edward Wells, and Ruth Alice Wells Family Trusts, Yarn Co. of Palm Desert, LLC, and the J. Wells & Wells Collection. (Docket Entry #27.) This motion

was referred to United States Magistrate Samuel Alba by United States Chief District Judge Tena Campbell, pursuant to 28 U.S.C. § 636(b)(1)(B), to address the issue of attorney fees. Entry #29.) (Docket

The court has concluded that oral argument is not

necessary, and has determined the motion on the basis of the written submissions. See DUCivR 7-1(f).

Because the matter before the court is Defendants' motion for attorney fees, which is considered a dispositive motion, the magistrate judge cannot enter a final ruling. See Insurance Co.

Of N. Am. v. Bath, No. 90-8083, 1992 WL 113746, at *2 (10th Cir. May 27, 1992) (unpublished) ("A motion for attorney's fees, even if post-judgment, should be considered a dispositive motion triggering the procedure and standard of review found at 28 U.S.C. § 636(b)(1)."); Colorado Bldg. & Constr. Trades Council v. B.B. Andersen Constr. Co., 879 F.2d 809, 811 (10th Cir. 1989); see also 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b). Instead,

the court enters this report and recommendation for the district court's consideration. BACKGROUND On April 9, 2009, this court entered a Report and Recommendation (hereafter "R&R), recommending that the district court grant Defendants' Motion to Dismiss and for Sanctions, including attorney fees. (Docket Entry #25.) At the R&R's

conclusion, the parties were notified of their right to object. See 28 U.S.C. § 636(b)(1)(c). The parties were notified that

they were required to file any objection to the R&R within ten days after receiving it, and that any failure to object may constitute waiver of objections upon subsequent review. Entry #25.) Neither party filed an objection to the R&R. (Docket

On April 28, 2009, Judge Campbell entered an order adopting the R&R as the order of the court. 2 (Docket Entry #25.) On May

6, 2009, a judgment was entered in Defendants' favor against Plaintiff. (Docket Entry #26.) Consistent with Judge Campbell's

order, that judgment provides, in relevant part, "Defendants are awarded their costs and attorneys' fees associated with defendants' motion to dismiss." (Docket Entry #26.)

On May 20, 2009, consistent with the court's judgment, Defendants filed their Motion for Attorney Fees and a supporting Declaration detailing the attorney fees expended in representing Defendants in this matter. (Docket Entries #27, 28.) No

response to the motion has been filed, and the time for responding has expired. Civ. P. 6(a), (d). ANALYSIS In their motion, Defendants seek an attorney fee award of $3,882.50. (Docket Entry #27, at 2.) The court has carefully See DUCivR7-1(b)(4)(B); see also Fed. R.

reviewed the motion, as well as the accompanying declaration of Defendants' counsel. Based upon that review, the court has

determined that the number of hours expended and the hourly rates associated with those hours are reasonable. 11(c)(4). RECOMMENDATION Because the court has determined the attorney fee award sought is reasonable, and because the motion is unopposed, IT IS HEREBY RECOMMENDED that See Fed. R. Civ. P.

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1.

Defendants' motion for attorney fees (Docket Entry #27) be GRANTED.

2.

Defendants be awarded attorney fees in the amount of $3,882.50.

Copies of the foregoing Report and Recommendation are being mailed to the parties who are hereby notified of their right to object to the same. The parties are further notified that they

must file any objections to the Report and Recommendation, with the clerk of the district court, pursuant to 28 U.S.C. § 636(b), within ten (10) days after receiving it. 636(b)(1). See 28 U.S.C §

Failure to file objections may constitute a waiver of

those objections on subsequent appellate review. DATED this 19th day of June, 2009. BY THE COURT:

Samuel Alba United States Magistrate Judge

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