Summary
applying the American Rule and typical case law to a motion for attorney's fees associated with a motion to enforce a settlement agreement
Summary of this case from Free Bridge Auto Sales, Inc. v. Focus, Inc.Opinion
ACTION NO. 4:10cv42.
November 5, 2010
ORDER
This matter comes before the court on the Motion to Enforce Settlement Agreement and Other Relief, filed by the plaintiff on August 23, 2010. The matter was referred to a United States Magistrate Judge by order of September 9, 2010, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and (C) and Federal Rules of Civil Procedure 72(b), to conduct hearings, including evidentiary hearings, if necessary, and to submit to the undersigned proposed findings of fact, if applicable, and recommendations for the disposition of the motion. The motion for attorney's fees filed by the plaintiff on September 15, 2010, was also referred to the United States Magistrate Judge.
The United States Magistrate Judge's Report and Recommendation was filed on October 19, 2010. The magistrate judge recommended that the plaintiff's Motion to Enforce the Settlement Agreement be granted and an Order be entered awarding plaintiff the settlement amount of Sixty Thousand Dollars ($60,000.00). The magistrate judge also recommended the plaintiff's request for attorneys' fees incurred in pursuing the enforcement of the agreed upon settlement be denied.
By copy of the report and recommendation of the magistrate judge, the parties were advised of their right to file written objections thereto. The court has received no objections to the magistrate judge's report and recommendation, and the time for filing same has expired. The court does hereby adopt and approve in full the findings and recommendations set forth in the Report and Recommendation of the United States Magistrate Judge filed October 19, 2010. Accordingly, the plaintiff's motion to enforce the settlement agreement is GRANTED. The plaintiff is hereby AWARDED the settlement sum of Sixty Thousand Dollars ($60,000.00), and the Clerk shall enter judgment in this amount against defendant. The plaintiff's motion for attorneys' fees is hereby DENIED.
The Clerk shall forward a copy of this Order to all parties of record.
It is so ORDERED.