Blackwell

Blackwell v. Foley

Good Law
724 F. Supp. 2d 1068·2010 WL 2794298·2010 U.S. Dist. LEXIS 71278
United States District Court, Northern District of CaliforniaJuly 15, 2010C 08-01971 MHPCalifornia7,702 words

Opinion

Opinion

Patel, J.

ORDER ADOPTING MAGISTRATE’S REPORT AND RECOMMENDATION

This matter having been referred to Magistrate Judge James Larson pursuant to Federal Rule of Civil Procedure 72(b) and Civil Local Rule 72-3 in accordance with 28 U.S.C. section 636 (b)(1)(B) and (C) for the purpose of conducting a hearing, determining plaintiffs motion for attorneys’ fees and costs to be awarded in this action, and submitting a Report and Recommendation (“R & R”) to this court; the Magistrate Judge having conducted a hearing on the motions and having filed his R & R; and the court, having fully reviewed the R & R, having considered the defendants’ objections and the response thereto, adopts the R & R in full.

The Magistrate Judge’s decision is well-reasoned and explained. It is fully supported by the record. Furthermore, defendants’ contention that plaintiff lacks standing is foreclosed by the Consent Decree to which defendants agreed and which was approved by this court and filed on January 14, 2010. That Decree provides that “the parties agree that attorney fees, litigation expenses and costs will be awarded by motion and Order from the Court” and defendant further agreed “to payment in full of those…

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