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Rizzo-Alderson v. Tawfik, 5:17-cv-312-Oc-37PRL. (2019)

Court: District Court, M.D. Florida Number: infdco20190724f38 Visitors: 5
Filed: Jul. 24, 2019
Latest Update: Jul. 24, 2019
Summary: ORDER ROY B. DALTON, JR. , District Judge . Following the default judgment entered in favor of Plaintiffs Tami Young, Murphy Black, Deena Benehaley, and Pamela Rizzo-Alderson (collectively " Prevailing Plaintiffs ") (Doc. 53; see also Doc. 51), they moved for attorney's fees and costs under to the Fair Labor Standards Act, 29 U.S.C. 216(b). (Docs. 55, 56 (collectively " Motions ").) On referral, U.S. Magistrate Judge Philip R. Lammens recommends granting in part and denying in part the
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ORDER

Following the default judgment entered in favor of Plaintiffs Tami Young, Murphy Black, Deena Benehaley, and Pamela Rizzo-Alderson (collectively "Prevailing Plaintiffs") (Doc. 53; see also Doc. 51), they moved for attorney's fees and costs under to the Fair Labor Standards Act, 29 U.S.C. § 216(b). (Docs. 55, 56 (collectively "Motions").) On referral, U.S. Magistrate Judge Philip R. Lammens recommends granting in part and denying in part the Motions. (Doc. 59 ("R&R").) Specifically, Magistrate Judge Lammens found the Prevailing Plaintiffs are entitled to an award of $15,106.00 in attorney's fees and $530.00 in costs, rather than the higher amounts requested. (Id. at 2-9.)

The parties did not object to the R&R, and the time for doing so has now passed. As such, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006). Finding no such error, the Court adopts the R&R in its entirety.

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. U.S. Magistrate Judge Philip R. Lammens' Report and Recommendation (Doc. 59) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Plaintiffs' Verified Motion for Attorney's Fees Pursuant to 29 U.S.C. § 216(b) and Local Rule 4.18 (Doc. 55) is GRANTED IN PART AND DENIED IN PART. a. The Motion is GRANTED to the extent the Clerk is DIRECTED to enter an attorney's fee judgment in favor of Plaintiffs Tami Young, Murphy Black, Deena Benehaley, and Pamela Rizzo-Alderson and against Defendant Eihab H. Tawfik in the amount of $15,106.00. b. In all other respects, the Motion is DENIED. 3. Plaintiffs' Motion to Tax Costs (Doc. 56) is GRANTED IN PART AND DENIED IN PART: a. The Motion is GRANTED to the extent the Clerk is DIRECTED to enter a cost judgment in favor of Plaintiffs Tami Young, Murphy Black, Deena Benehaley, and Pamela Rizzo-Alderson and against Defendant Eihab H. Tawfik in the amount of $530.00. b. In all other respects, the Motion is DENIED.

DONE AND ORDERED.

Source:  Leagle

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