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Consumers Produce, Inc. v. R. Family Market

United States District Court, N.D. Ohio, Eastern Division
Jul 28, 2009
CASE NO. 4:08CV70 (N.D. Ohio Jul. 28, 2009)

Opinion

CASE NO. 4:08CV70.

July 28, 2009


ORDER


On February 4, 2009, this Court issued an order assigning this case to Magistrate Judge James S. Gallas (Dkt. # 53, 54) to determine Consumers Produce Inc.'s ("Plaintiff") Motion for Attorney Fees and Costs (Dkt. # 48). On July 10, 2009, Magistrate Judge Gallas issued a Report and Recommendation, recommending that the Court GRANT Plaintiff's Motion for Attorney Fees in the amount of $17,001.53 ($16,425.50 for attorneys fees and $576.03 for related expenses). (Dkt. # 55).

FED. R. CIV.P. 72(b) provides that objections to a report and recommendation must be filed within ten (10) days after service, but Defendants have failed to timely file any such objections. Therefore, the Court must assume that Defendants are satisfied with Magistrate Judge Gallas' recommendation. Any further review by this Court would be a duplicative and an inefficient use of the Court's limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

Therefore, the Report and Recommendation of Magistrate Judge Gallas is hereby ADOPTED. (Dkt. # 55). Plaintiff's Motion for Attorney Fees and Costs is GRANTED. (Dkt. # 48). Accordingly, a fee and cost award in the amount of $17,001.53 is ORDERED to be sent to Plaintiff's counsel, Frederick S. Coombs, III.

IT IS SO ORDERED.


Summaries of

Consumers Produce, Inc. v. R. Family Market

United States District Court, N.D. Ohio, Eastern Division
Jul 28, 2009
CASE NO. 4:08CV70 (N.D. Ohio Jul. 28, 2009)
Case details for

Consumers Produce, Inc. v. R. Family Market

Case Details

Full title:CONSUMERS PRODUCE, INC., PLAINTIFF, v. R. FAMILY MARKET, et al., DEFENDANTS

Court:United States District Court, N.D. Ohio, Eastern Division

Date published: Jul 28, 2009

Citations

CASE NO. 4:08CV70 (N.D. Ohio Jul. 28, 2009)

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