Holland v. East Star Mining, Inc.

Full title: MICHAEL H. HOLLAND, et al., Plaintiffs, v. EAST STAR MINING, INC.…

Court: United States District Court, W.D. Virginia, Abingdon Division

Date published: Mar 24, 2009

Civil Action No. 1:08cv00029 (W.D. Va. Mar. 24, 2009)

Opinion

Civil Action No. 1:08cv00029.

March 24, 2009

ORDER

GLEN WILLIAMS, Senior District Judge

This case is currently before the court on the Plaintiff's Motion for Summary Judgment, (Docket Item No. 10), ("Motion"). Jurisdiction is conferred upon this court pursuant to 28 U.S.C. § 1331, 29 U.S.C. § 185, 29 U.S.C. § 1132(e) and 26 U.S.C. § 9721. The Motion was referred, pursuant to 28 U.S.C. § 636(b)(1)(B), to the Honorable Pamela Meade Sargent, United States Magistrate Judge. On February 25, 2009, the Magistrate Judge entered a Report And Recommendation, (Docket Item No. 13), ("the Report"), recommending that the Motion be granted. The Magistrate Judge recommended that summary judgment be granted in favor of the plaintiffs in the amount of $67,283.13 in unpaid contributions, $2,850.20 (plus $9.22 per day since December 31, 2008) in interest and liquidated damages in the amount of $5,696.15 (plus $6.83 per day since December 31, 2008). Objections to the Report were due by March 16, 2009; however, no objections were filed as to the substantive issues. Accordingly, with respect to the Magistrate Judge's recommendation to grant summary judgment, the Report shall be ACCEPTED.

However, there were objections to the Magistrate Judge's finding and recommendation regarding the award of reasonable attorney's fees and costs under 29 U.S.C. § 1132(g)(2)(D). In the Report, the Magistrate Judge noted that attorney's fees and costs would not be awarded because the plaintiffs failed to produce evidence of the fees and costs incurred. (Report at 6-8.) After a review of the relevant filings, the undersigned agrees, as there is no evidence setting forth the total amount of attorney's fees and costs incurred. Consequently, without this evidence, the court cannot determine whether such fees and costs are reasonable.

For the reasons set out in the Report, the Motion is GRANTED. It is FURTHER ORDERED that the plaintiffs, in accordance with 29 U.S.C. § 1132(g)(2)(D), shall file evidence of their attorney's fees and costs within 14 days of this Order.

The Clerk is directed to enter this Order and send certified copies to all counsel of record.