GATX CORPORATION v. APPALACHIAN FUELS, LLC

Full title: GATX CORPORATION PLAINTIFF v. APPALACHIAN FUELS, LLC, ET AL. DEFENDANTS

Court: United States District Court, E.D. Kentucky, Northern Division at Ashland

Date published: Jul 26, 2011

CIVIL ACTION NO. 09-41-DLB (E.D. Ky. Jul. 26, 2011)

Opinion

CIVIL ACTION NO. 09-41-DLB.

July 26, 2011

ORDER ADOPTING REPORT AND RECOMMENDATION

DAVID BUNNING, District Judge

This matter is before the Court on the Report and Recommendation (R R) of United States Magistrate Judge Edward B. Atkins, wherein he recommends that Plaintiff GATX Corporation be awarded attorneys' fees in the amount of $320,689.66. (Doc. # 108). No objections having been filed and the time to do so having now expired, the matter is ripe for review. Upon review of the R R, and the Court being in agreement with the recommended disposition in all respects, and being otherwise sufficiently advised,

IT IS ORDERED as follows:

(1) The Magistrate Judge's Report and Recommendation (Doc. # 108) is hereby ADOPTED as the findings of fact and conclusions of law of the Court;

(2) Plaintiff GATX Corporation is hereby awarded attorneys' fees in the amount of $320,689.66;

(a) Defendant Energy Coal Resource, Inc. is liable for the entire amount;

(b) Defendants Illinois Holding Company, Inc. and Illinois Fuel Company, LLC are jointly and severally liable for only fifteen percent (15%) of that amount, or $48,103.45; and

(3) This matter is hereby dismissed and STRICKEN from the active docket of the Court.