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LIL' JOE WEIN MUSIC, INC. v. JACKSON

United States District Court, S.D. Florida
Jul 1, 2008
CASE NO.: 06-20079-CIV-HUCK/SIMONTON (S.D. Fla. Jul. 1, 2008)

Summary

finding that "the questionable motivation" of Plaintiff in bringing and continuing the lawsuit is a factor that "militates in favor of" an award

Summary of this case from Kernel Records Oy v. Mosley

Opinion

CASE NO.: 06-20079-CIV-HUCK/SIMONTON.

July 1, 2008


ORDER ADOPTING REPORT AND RECOMMENDATION


THIS CAUSE comes before the Court upon Defendants' Renewed Verified Motion for Attorneys' Fees and Full Costs, filed October 2, 2007 [D.E. #104]. The Honorable Andrea M. Simonton, United States Magistrate Judge, issued a Report and Recommendation on the petition [D.E. #118], filed on June 6, 2008, recommending that the Motion be granted in part. Magistrate Judge Simonton recommended that the Defendants be awarded $285,250.00 in attorneys fees and $35,656.65 in costs, for a total award of $320,906.65.

Plaintiff Lil' Joe Wein Music, Inc., has not objected to the Report and Recommendation so it is not challenging the factual findings contained in it. The Court has independently reviewed the Report and Recommendation, and the record. Being otherwise duly advised, the Court adopts the findings of fact and conclusions as in the report. Accordingly, it is hereby

ORDERED AND ADJUDGED that Defendants' Motion is GRANTED IN PART, and the Report is ADOPTED.

DONE AND ORDERED in chambers, Miami, Florida.


Summaries of

LIL' JOE WEIN MUSIC, INC. v. JACKSON

United States District Court, S.D. Florida
Jul 1, 2008
CASE NO.: 06-20079-CIV-HUCK/SIMONTON (S.D. Fla. Jul. 1, 2008)

finding that "the questionable motivation" of Plaintiff in bringing and continuing the lawsuit is a factor that "militates in favor of" an award

Summary of this case from Kernel Records Oy v. Mosley

applying across-the-board reduction of twenty percent due to block billing

Summary of this case from Milie v. City of Savannah

awarding postage as part of attorney's fee award to prevailing party

Summary of this case from Salas v. Marietta

In Lil' Joe Wein Music, Inc. v. Jackson, No. 06-20079, 2008 WL 2688117, at *6 (S.D. Fla. 2008), the district court declined to make an explicit finding of bad faith but concluded that the defendants' uncontroverted allegations that plaintiff's counsel "repeatedly stated during the litigation that if Defendant's album had not done well, the suit would not have been brought" weighed in favor of a fee award.

Summary of this case from Randolph v. Dimension Films
Case details for

LIL' JOE WEIN MUSIC, INC. v. JACKSON

Case Details

Full title:LIL' JOE WEIN MUSIC, INC., Plaintiff, v. CURTIS JAMES JACKSON, p/k/a/50…

Court:United States District Court, S.D. Florida

Date published: Jul 1, 2008

Citations

CASE NO.: 06-20079-CIV-HUCK/SIMONTON (S.D. Fla. Jul. 1, 2008)

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