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Whatley v. Great Lakes Ins.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS
Feb 4, 2021
CIVIL ACTION NO. 1:19-CV-444 (E.D. Tex. Feb. 4, 2021)

Opinion

CIVIL ACTION NO. 1:19-CV-444

02-04-2021

TIM WHATLEY and SHEILA WHATLEY, Plaintiffs, v. GREAT LAKES INSURANCE, SE, and MCCLELLAND & HINE, INC., Defendants.


ORDER ADOPTING REPORT AND DENYING ATTORNEYS' FEES

The Court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, for consideration. On December 15, 2020, the magistrate judge issued his Report and Recommendation (#53), recommending that the District Court deny Defendant Great Lakes Insurance, SE's Motion for Attorneys' Fees (#49). No party has filed objections pursuant to 28 U.S.C. § 636(b)(1)(c). In accordance with 28 U.S.C. § 636(b), the Court conducted a de novo review of the magistrate judge's findings, the record, and the applicable law in this proceeding.

After review, the Court finds that Judge Giblin's findings and recommendations should be accepted. Defendant failed to comply with Federal Rule of Civil Procedure 11's safe harbor provision. The Court cannot award attorneys' fees under Rule 11. See Askins v. Hagopian, 713 F. App'x 380, 380 (5th Cir. 2018) (per curiam). The Court accordingly agrees with the magistrate judge's findings. It is therefore ORDERED that the Report and Recommendation (#53) is ADOPTED. Defendant's Motion for Attorneys' Fees (#49) is DENIED.

SIGNED at Beaumont, Texas, this 4th day of February, 2021.

/s/_________

MARCIA A. CRONE

UNITED STATES DISTRICT JUDGE


Summaries of

Whatley v. Great Lakes Ins.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS
Feb 4, 2021
CIVIL ACTION NO. 1:19-CV-444 (E.D. Tex. Feb. 4, 2021)
Case details for

Whatley v. Great Lakes Ins.

Case Details

Full title:TIM WHATLEY and SHEILA WHATLEY, Plaintiffs, v. GREAT LAKES INSURANCE, SE…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS

Date published: Feb 4, 2021

Citations

CIVIL ACTION NO. 1:19-CV-444 (E.D. Tex. Feb. 4, 2021)