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Wolfe v. City of Portland

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Nov 8, 2013
No. 3:12-cv-02035-PK (D. Or. Nov. 8, 2013)

Summary

prevailing party bears the burden of establishing that an expense is taxable

Summary of this case from G&G Closed Circuit Events, LLC v. Rojas

Opinion

No. 3:12-cv-02035-PK

11-08-2013

Philip Wolfe, Plaintiff, v. CITY OF PORTLAND, a municipal corporation, LISA TURLEY, and MICHAEL REESE, individuals, Defendants.


OPINION AND ORDER MOSMAN, J.,

On October 2, 2013, Magistrate Judge Papak issued his Findings and Recommendation ("F&R") [40] in the above-captioned case, recommending that Plaintiff's motion for attorney's fees [20] and bill of costs [25] be granted in part and the Defendant City be ordered to pay attorney's fees in the amount of $23,399.60 and costs in the amount of $865.00. Plaintiff Philip Wolfe raised several objections to the F&R [42], and Defendant City responded [43].

DISCUSSION

The magistrate judge makes only recommendations to the court, to which any party may file written objections. I am not bound by the recommendations of the magistrate judge; instead, I retain responsibility for making the final determination. I am required to review de novo those portions of the report or any specified findings or recommendations within it as to which an objection is made. 28 U.S.C. § 636(b)(1). However, I am not required to review, de novo or under any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the F&R to which no party has objected. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny I am required to apply to the F&R depends on whether objections have been filed, in either case I am free to accept, reject, or modify any part of the F&R. 28 U.S.C. § 636(b)(1).

Upon review, I agree with Judge Papak's recommendation, and I ADOPT the F&R [40] as my own opinion.

IT IS SO ORDERED.

Dated this 8th day of November, 2013.

/s/ Michael W. Mosman

MICHAEL W. MOSMAN

United States District Judge


Summaries of

Wolfe v. City of Portland

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Nov 8, 2013
No. 3:12-cv-02035-PK (D. Or. Nov. 8, 2013)

prevailing party bears the burden of establishing that an expense is taxable

Summary of this case from G&G Closed Circuit Events, LLC v. Rojas

reducing number of hours for duplicative work

Summary of this case from Cleavenger v. Univ. of Or.
Case details for

Wolfe v. City of Portland

Case Details

Full title:Philip Wolfe, Plaintiff, v. CITY OF PORTLAND, a municipal corporation…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

Date published: Nov 8, 2013

Citations

No. 3:12-cv-02035-PK (D. Or. Nov. 8, 2013)

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