Opinion
CIVIL ACTION NO. 1:03-cv-1668-GET.
July 17, 2007
ORDER
The above-styled matter is presently before the court on:
1) the Magistrate Judge's Report and Recommendation ("R R") [docket no. 259] recommending that plaintiff's motion for default judgment and request for entry of default against defendants Three Dollar Café, III, Inc., d/b/a Three Dollar Café ("Three Dollar Café") and Ken Herock ("Herock") be granted;
2) the Magistrate Judge's R R [docket no. 262] recommending that plaintiff's motion for attorney's fees and expenses be granted in the amount of $36,148.49.
On June 16, 2003, Plaintiff filed this action against defendant Three Dollar Café, her employer, and defendants Norman Davis, Ken Herock, Kevin Ellis, and Rick Sugarman, individuals who are allegedly President and managers of Three Dollar Café. Plaintiff's amended complaint charges defendants with violating her rights under 42 U.S.C. §§ 1981, 1981(a), 1991 et seq., and 2000(e), et seq., through racial discrimination by failing to appoint her as bartender and terminating her employment.
On August 23, 2004, defendants filed a motion for summary judgment. On September 13, 2004, plaintiff filed a cross-motion for summary judgment. On January 12, 2005, the Magistrate Judge issued an order recommending that the court grant in part and deny in part defendants' motion for summary judgment, and deny plaintiff's motion for summary judgment. Defendants filed objections to the order on February 1, 2005. On March 18, 2005, this court issued an order remanding plaintiff's section 1981 claims against the individual defendants. On November 30, 2005, the Magistrate Judge issued an R R recommending that defendant's motion for summary judgment on plaintiff's section 1981 claims against defendant Rick Sugarman be granted, and plaintiff's section 1981 claims against Ken Herock, Kevin Ellis, and Norman Davis be denied. On January 9, 2006, this court issued an order adopting the Magistrate Judge's R R.
On March 3, 2006, counsel for defendants moved for permission to withdraw from this case. The Magistrate Judge entered orders on March 22, 2006 and April 3, 2006, granting counsel for defendants' motion to withdraw and directed Three Dollar Café to advise the court of the name of its new counsel within thirty (30) days of the order. The Magistrate Judge further directed the individual defendants to inform the court within thirty (30) days whether they intended to proceed with new counsel or pro se. Mr. Ellis and Mr. Davis provided the requested information to the Magistrate Judge, but Three Dollar Café and Mr. Herock did not comply with the court's orders.
On April 24, 2006, plaintiff filed a motion for default judgment and request for entry of default against Three Dollar Café and Mr. Herock. Neither Three Dollar Café nor Mr. Herock filed a response to plaintiff's motion. On June 1, 2006, the Magistrate Judge entered a Show Cause Order ordering Three Dollar Café and Mr. Herock to appear in person on June 21, 2006 to show cause why plaintiff's motion for default judgment should not be granted. Mr. Herock and a representative from Three Dollar Café failed to appear at the June 21, 2006 hearing. On September 14, 2006, the Magistrate Judge entered an R R recommending that plaintiff's motion for default judgment be granted. On October 11, 2006, this court adopted the R R of the Magistrate Judge and entered an order of default against defendants Three Dollar Café and Ken Herock ("the defaulting defendants"). In the order, this court referred the matter to the Magistrate Judge for a hearing on damages.
On December 29, 2006, the Magistrate Judge set the matter for a damages hearing on January 16, 2007. Notice of the hearing was sent to the defaulting defendants. On January 16, 2007, the Magistrate Judge conducted the non-jury damages hearing. Neither defaulting defendant appeared at the hearing. On February 16, 2007, plaintiff filed a motion for attorney's fees, expenses and costs against the defaulting defendants. As of the date of this order, neither of the defaulting defendants has responded to plaintiff's motion for attorney's fees.
On May 3, 2007, Magistrate Judge Scofield issued an R R recommending that the court award plaintiff damages for her claims of race discrimination and retaliation under Title VII and section 1981 against defendant Three Dollar Café in the present case in the amount of $25,000.00 compensatory and $10,000.00 punitive damages. The Magistrate Judge further recommended that the court award plaintiff damages for her claim of race discrimination under section 1981 against defendant Herock in the present case in the amount of $25,000.00 compensatory and $5,000.00 punitive damages. With regard to attorney's fees, Magistrate Judge Scofield recommended that plaintiff's counsel be awarded reasonable attorney's fees and expenses as part of her costs and that a separate report would be entered recommending the amount of attorney's fees and expenses to be awarded. In an R R dated June 11, 2007, the Magistrate Judge recommended that plaintiff be awarded $36,148.49 in attorney's fees and expenses pursuant to 42 U.S.C. § 2000e-5(k) and 42 U.S.C. § 1988(b).
Standard
Pursuant to 28 U.S.C. § 636(b)(1), each party may file written objections, if any, to the R R within ten (10) days of the receipt of an order. If any party serves and files written objections, the district court is required to conduct a de novo determination of those portions of the report or specified proposed findings or recommendations as to which objection is made. 28 U.S.C. § 636(b)(1)(C). If no objections are filed, the R R may be adopted as the opinion and order of the District Court and any appellate review of factual findings will be limited to a plain error review. United States v. Slay, 714 F.2d 1093 (11th Cir. 1983).Discussion
Neither party has filed objections to either of the Magistrate Judge's R R's, and the ten day period for filing any objection has expired. Accordingly, the court ADOPTS as unopposed and incorporates herein the Magistrate Judge's R R [docket no. 195] recommending that damages be awarded to plaintiff against defendant Three Dollar Café in the amount of $25,000.00 compensatory and $10,000.00 punitive damages and against defendant Herock in the amount of $25,000.00 compensatory and $5,000.00 punitive damages. The court also ADOPTS as unopposed and incorporates herein the Magistrate Judge's R R [docket no. 262] granting plaintiff's motion for attorney's fees and expenses against defendants Three Dollar Café and Ken Herock in the amount of $36,148.49 [docket no. 211].
Summary
1) The Magistrate Judge's R R [docket no. 259] recommending that damages be awarded to plaintiff against defendant Three Dollar Café in the amount of $25,000.00 compensatory and $10,000.00 punitive damages and against defendant Herock in the amount of $25,000.00 compensatory and $5,000.00 punitive damages is ADOPTED as unopposed and incorporated herein.
2) The Magistrate Judge's R R [docket no. 262] granting plaintiff's motion for attorney's fees and expenses against defendants Three Dollar Café and Ken Herock in the amount of $36,148.49 [docket no. 211] is ADOPTED as unopposed and incorporated herein.