Jack L. Slinger v. The Pendaform Company

Summary

The United States District Court for the Middle District of Tennessee adopts without objection a magistrate judge’s report and recommendation concerning Plaintiff Jack Slinger’s request for attorney’s fees and expenses following remand from the Sixth Circuit. The court awards the Puryear Law Group fees for 462.8 hours and $551.12 in expenses and grants the remaining fees and expenses requested in the supplemental application. The court declines to enter final judgment because a further supplemental request for fees and prejudgment interest remains pending.

Holdings

1. A district judge is not required to conduct de novo or other independent review of those portions of a magistrate judge's report and recommendation to which no objection is made.
2. The court adopted and approved the report and recommendation in its entirety and awarded the Puryear Law Group fees for 462.8 hours of attorney time and $551.12 in expenses, together with the remainder of the attorney's fees and expenses requested in Plaintiff's supplement.
3. The court declined to enter judgment and close the case because Plaintiff had filed a further supplement requesting additional attorney's fees and prejudgment interest that had not yet been considered.

Questions Presented

1. What standard governs district-court review of a magistrate judge's report and recommendation concerning attorney's fees and expenses under Federal Rule of Civil Procedure 72(b)?
2. Whether, in the absence of objections, the district court should adopt the magistrate judge's recommendation awarding the specified attorney's fees and expenses.
3. Whether the court should enter final judgment and close the case while an additional supplemental request for attorney's fees and prejudgment interest remained pending.

Disposition

other