Opinion
Case No. 03-80480-CIV-HURLEY/LYNCH.
December 15, 2003
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION FOR ATTORNEY'S FEES
THIS CAUSE is before the court upon the plaintiff's supplemental motion for attorney's fees [DE#45] This matter was previously referred to United States Magistrate Judge Frank J. Lynch. Jr., pursuant to 28 U.S.C. § 636-39 and Rule 72 of the Federal Rules of Civil Procedure, for a recommended disposition. On December 1, 2003, Magistrate Judge Lynch filed his Report and Recommendation upon the motion [DE# 51], to which the defendants have filed objection [DE # 53, 55].
Having carefully reviewed the Magistrate Judge's December 1, 2003 Report and Recommendation on plaintiff's supplemental motion for fees, and having reviewed de novo those portions of the report to which objection has been lodged, the court finds the resolution of the issues as recommended by Magistrate Judge Lynch to be sound and accordingly shall adopt the recommended disposition of the motion.
It is therefore ORDERED and ADJUDGED as follows:
1. Magistrate Judge Lynch's December 1, 2003 [DE # 51] Report Recommendation is hereby ADOPTED and INCORPORATED in full, and the plaintiff's supplemental motion for attorney's fees [DE# 45] is GRANTED.
2. It is accordingly ADJUDGED that plaintiffs, DANIEL C. FABIAN and BARBARA M. FABIAN, shall recover from the defendants MICHAEL KRESS and DONALD LUFKIN JENRETTE SECURITIES CORPORATION, jointly and severally, the sum of $19,335.50 in attorneys' fees, plus $30.00 in costs, for a total amount of $19,365.50, that shall bear interest at the rate prescribed by 28 U.S.C. § 1961 from the date of entry of this judgment, for which let execution issue.DONE and SIGNED.