Summary
noting 2012 nationwide average billing rates for associates with 5-6 years of intellectual property experience ranged from $330 to $394, and finding a rate of $360 appropriate for a general litigation associate, performing work from 2010 through 2013
Summary of this case from Waterkeeper All. Inc. v. Spirit of Utah Wilderness, Inc.Opinion
10-CV-4773 (DAB)
08-31-2016
EDWIN LYDA, Plaintiff, v. FREEMANTLEMEDIA NORTH AMERICA, INC., Defendant.
ADOPTION OF REPORT AND RECOMMENDATION
This matter is before the Court upon the July 11, 2016 Report and Recommendation of United States Magistrate Judge Frank Maas ("Report"). Judge Maas's Report recommends that the Court award $118,705.09 to the Defendant as reasonable attorneys' fees and costs. (Report at 1.)
Pursuant to 28 U.S.C. § 636(b)(1)(C), "[w]ithin fourteen days after being served with a copy [of a Magistrate Judge's Report and Recommendation], any party may serve and file written objections to such proposed findings and recommendations..." 28 U.S.C. § 636(b)(1)(C); see also Fed. R. Civ. P. 72(b)(2). The district court may adopt those portions of the report to which no timely objection has been made, so long as there is no clear error on the face of the record. See 28 U.S.C. § 636(b)(1)(A); Wilds v. United Parcel Serv., Inc., 262 F.Supp.2d 163, 169 (S.D.N.Y. 2003). To date, no objections to said Report and Recommendation have been filed.
Having reviewed the Report and Recommendation and finding no clear error on the face of the record, it is hereby
ORDERED AND ADJUDGED as follows:
1. The Report and Recommendation of United States Magistrate Judge Frank Maas dated July 11, 2016 be and the same hereby is APPROVED, ADOPTED, and RATIFIED by the Court in its entirety;
2. Pursuant to Magistrate Judge Maas's recommendation, Defendant Freemantlemedia North America shall be awarded attorneys' fees in the amount of $117,936, plus costs in the amount of $769.09, for a total of $118,705.09; and
3. The Clerk of the Court is directed to close the docket in this case. SO ORDERED. DATED: New York, New York
August 31, 2016
/s/_________
DEBORAH A. BATTS
United States District Judge