Opinion
CASE NO. 2:10-CV-67-FtM-36DNF.
August 9, 2011
ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation filed by United States Magistrate Judge Douglas Frazier on July 15, 2011 (Dkt. 241), recommending that the Court deny the Verified Motion for Attorney's Fees and Costs of Plaintiffs Maxwell Barthelmess, Steven Betts, John Cope, and Kenneth Harbin (Dkt. 221). No party filed an objection to the Report and Recommendation, and the time to do so has now expired.
After careful consideration of the Report and Recommendation of the Magistrate Judge, in conjunction with an independent examination of the court file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects. Based on the record, Plaintiffs Barthelmess, Betts, Cope and Harbins are not "prevailing" parties in this action, and as such, they are not entitled to an award of reasonable attorneys' fees and costs. See 29 U.S.C. § 216(b); Sahyers v. Prugh, Holliday Karatinos, P.L., 560 F.3d 1241, 1244 (11th Cir. 2009).
Accordingly, it is hereby, ORDERED and ADJUDGED as follows:
1) The Report and Recommendation of the Magistrate Judge (Dkt. 241) is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review.
2) The Verified Motion for an Award for Attorney's Fees and Costs filed by Plaintiffs Maxwell Barthelmess, Steven Betts, John Cope and Kenneth Harbin (Dkt. 221) is DENIED.DONE AND ORDERED at Ft. Myers, Florida.