WILLIAMS
v.
NAPLES HOTEL GROUP, LLC

M.D. Fla. | 2019-08-13
No. 8:12-cv-557
District Court, M.D. Florida (2019)

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Holding

The court adopted the Magistrate Judge's Report and Recommendation, granting in part and denying in part the plaintiffs' motion for attorneys' fees, costs, and service awards.

Facts & Procedural History

Plaintiffs moved for final approval of a class action settlement, attorneys' fees, costs, and service awards. The Magistrate Judge recommended grantin…

The full statement of facts, procedural history, and disposition for this case are member content.

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Topics
Report And Recommendation (R&R) Review Clear Error Standard Class Action Settlement Report And Recommendation Review

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Opinion of the Court

With their motion final approval of the class action settlement in this case (Doc. 41), Plaintiffs moved for approval of attorneys’ fees and costs, and a service award to the class representatives. (Doc. 42 (“Motion”).) Consistent with the settlement agreement (Doc. 36-1), Plaintiff and Plaintiff’s counsel, as Class Counsel, seek an award of the following amounts to be paid from the settlement fund: (1) attorneys’ fees in the amount of $31,800.00; (2) settlement administration expenses not to exceed $10,000; and (3) a $3,500 service award to each Plaintiff.1 (Doc. 47, pp. 1–2.) On referral, U.S. Magistrate Judge Daniel C. Irick recommends the Court grant in part the Motion. (Doc. 47 (“R&R”).) Magistrate Judge Irick finds Plaintiffs are entitled to all relief requested, except for the $641.75 in costs, which Class Counsel agreed to incur. (Id. at 2 n.1, 11.)

expenses not to exceed $10,000, and a total of $7,000.00 in service awards as class representatives— $3,500.00 to Plaintiff Kenyatta Williams and $3,500.00 to Plaintiff Shawana Sanders. b. In all other respects, the Motion is DENIED. DONE AND ORDERED in Chambers in Orlando, Florida, on August 13, 2019. /) WY) ROY B. DALTON JR: United States District Judge

Copies to: Counsel of Record

Footnotes
1 Plaintiffs also request costs totaling $641.75, but “Class Counsel has agreed to absorb these costs to confer an even greater monetary benefit upon class members.” (Doc. 42, p. 17.) The parties did not object to the R&R, and the time for doing so has now passed. Absent objections, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at*1 (M.D. Fla. Jan. 28, 2016); see also Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding no such error, the Court concludes the R&R is due to be adopted in its entirety. Accordingly, it is hereby ORDERED AND ADJUDGED: 1. U.S. Magistrate Judge Daniel C. Irick’s Report and Recommendation (Doc. 47) is ADOPTED, CONFIRMED, and made part of this Order. 2. Plaintiffs’ Unopposed Motion for Attorneys’ Fees and Costs and Class Representatives Service Awards (Doc. 42) is GRANTED IN PART AND DENED IN PART: a. The Motion is GRANTED to the extent the Court approves the award of $31,800.00 in attorneys’ fees, settlement administration

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