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denying attorney fee award where "no information was provided, such as is typically proffered in the form of billing invoices, which identified what specific tasks were performed, who performed them, and how much time was billed for each task by each attorney"
Summary of this case from Sociedad Espanola de Electromedicina y Calidad, S.A. v. Blue Ridge X-Ray Co.Opinion
ACTION NO. 2:15cv53
09-21-2015
SOUTHERN BANK & TRUST CO., Plaintiff, v. MLP DEVELOPMENT CORP., BRYAN J. LAYNE, and CHRISTOPHER W. PARRISH, Defendants.
FINAL ORDER
This matter comes before the court on plaintiff's Motion for Default Judgment Against MLP Development Corp. (ECF No. 13) filed April 14, 2015. The matter was referred to a United States Magistrate Judge by Order dated May 4, 2015 (ECF No. 15), pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Federal Rule 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 United States Magistrate Judge's Report and Recommendation was filed on August 4, 2015 (ECF No. 19). The magistrate judge recommended granting in part and denying in part plaintiff's Motion for Default Judgment Against MLP Development Corp.
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 August 4, 2015. Accordingly, the plaintiff's Motion for Default Judgment Against MLP Development Corp. is GRANTED IN PART and DENIED IN PART. Default judgment is ENTERED in favor of the plaintiff and against the defendant, MLP Development Corp., in the amount of $482,558.23, plus post-judgment interest accruing at the legal rate as calculated pursuant to 28 U.S.C. § 1961. There is NO AWARD of attorneys' fees to plaintiff.
The Clerk shall so enter judgment.
The Clerk shall forward a copy of this Final Order to all parties of record.
It is so ORDERED.
/s/_________
REBECCA BEACH SMITH
CHIEF JUDGE
September 21, 2015