Summary
awarding costs to defendant where plaintiffs dismissed claims only after learning that "there was no factual basis for their claims"
Summary of this case from Ameripath, Inc. v. WetheringtonOpinion
Case No. 3:07cv133/MCR/EMT.
November 14, 2007
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated October 11, 2007. The parties have been furnished a copy of the report and recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.
Having considered the report and recommendation, and any objections thereto timely filed, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. Defendant FWBMC's Motion for Sanctions (Doc. 35) is GRANTED as follows:
a. Defendant FWBMC's motion for attorney's fees pursuant to § 57.105(1) is GRANTED to the extent that, within TEN (10) DAYS of the date of this order, Plaintiffs shall pay to Defendant FWBMC the amount of $2,110.00, plus prejudgment interest, for the attorney's fees it incurred in defending this action after February 28, 2007.
b. Defendant FWBMC's motion for costs pursuant to Federal Rule of Civil Procedure 54(d) is GRANTED. Within TEN (10) DAYS of the date of this order, Plaintiffs shall pay to Defendant FWBMC the amount of $805.45 for the cost of the deposition transcript of Plaintiff Hendrix.
DONE AND ORDERED.