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Chandler v. Tennessee Department of Safety

United States District Court, M.D. Tennessee, Nashville Division

September 10, 2014

MARY CHANDLER
v.
TENNESSEE DEPARTMENT OF SAFETY and DAVID MITCHELL, Commissioner of the Tennessee Department of Safety

ORDER

TODD J. CAMPBELL, District Judge.

Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket No. 166), Defendants' Objections (Docket No. 167), and Plaintiff's Response and Objection (Docket No. 168). Pursuant to 28 U.S.C. ยง 636(b)(1), Fed.R.Civ.P. 72(b)(3) and Local Rule 72.03(b)(3), the Court has reviewed de novo the Report and Recommendation, the Objections, the Response, and the file.

Defendants argue that the Magistrate Judge erred in awarding attorneys' fees for the mistrial which was allegedly caused by Plaintiff's counsel. Plaintiff argues that the mistrial was not caused by Plaintiff's counsel. Plaintiff also requests additional fees beyond those recommended by the Magistrate Judge.

The Court finds that the Magistrate Judge correctly determined that the circumstances surrounding the mistrial are unclear. Accordingly, Defendants' Objections are overruled. The Court finds that Plaintiff's request for additional fees is untimely. Accordingly, Plaintiff's Objection is also overruled. For these reasons, the Report and Recommendation is ADOPTED and APPROVED. Plaintiff shall recover from the Defendants fees and costs in the total amount of $90, 969.50.

IT IS SO ORDERED.


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