Opinion
Case No. 12-13545
05-29-2013
HEATHER COGLE, Plaintiff, v. WEBER & OLCESE, P.L.C., Defendant.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION
AND GRANTING IN PART PLAINTIFF'S MOTION FOR FEES AND COSTS
Heather Cogle filed this lawsuit against Weber & Olcese, P.L.C. (W&O) alleging violations of the Fair Debt Collection Practices Act. On October 15, 2012, Ms. Cogle filed a Notice of Acceptance concerning an Offer of Judgment from W&O. The acceptance expressly stated that the "issue of attorney fees and court costs remains pending." See Offer of Judgment Acceptance 1, ECF No. 19. Ms. Cogle then moved for attorney's fees and costs in the amount of $5,406.50.
On May 6, 2013, Magistrate Judge Charles E. Binder issued a report recommending Ms. Cogle's motion be granted in part, awarding $2,427.13 (representing 8.2 hours of attorney and paralegal time and $500 in costs). As of today's date, no party has filed any objections to the magistrate judge's report and recommendation. The election to not file objections to the magistrate judge's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, it is ORDERED that the magistrate judge's report and recommendation, ECF No. 28, is ADOPTED.
It is further ORDERED that Plaintiff's motion for attorney's fees and costs, ECF No. 24, is GRANTED in part and DENIED in part.
It is further ORDERED that Defendant Weber & Olcese, P.L.C. is DIRECTED to pay Plaintiff $2,427.13 in attorney's fees and costs.
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THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on May 29, 2013.
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TRACY A. JACOBS