B.A. Construction v. Knight Enterprises, Inc.

Full title: B.A. CONSTRUCTION and MANAGEMENT, INC., and B.A. REAL ESTATE, L.L.C.…

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Apr 1, 2008

CASE NO. 04-CV-73910 (E.D. Mich. Apr. 1, 2008)

Opinion

CASE NO. 04-CV-73910.

April 1, 2008

ORDER: (1) ADOPTING PART AND REJECTING IN PART THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION; AND (2) DENYING PLAINTIFFS' MOTION FOR EXEMPLARY DAMAGES AND ATTORNEY FEES AS UNTIMELY

PAUL BORMAN, District Judge

Before the Court is the Magistrate Judge's October 2, 2007 Report and Recommendation ("R R") denying Plaintiffs' Motion for Exemplary Damages and Attorneys Fees. On October 12, 2007, Plaintiffs filed timely Objections to the R R. Defendant filed a Response on October 29, 2007. Having conducted a de novo review of the R R, pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b)(3), the Court is convinced that the Magistrate Judge correctly held that Plaintiffs' Motion should be denied as untimely. However, the Court rejects in part the Magistrate Judge's determination that exemplary damages and attorneys fees were not permitted under the statute. As the Motion was untimely the Court declines to examine the Motion on its merits.

Therefore, the Court hereby:

(1) ADOPTS IN PART AND REJECTS IN PART the Magistrate Judge's Report and Recommendation (Doc. No. 126); and

(2) DENIES Plaintiffs' Motion for Exemplary Damages and Attorney Fees as untimely. (Doc. No. 117).

SO ORDERED.