Joe Hand Promotions, Inc. v. Griffith, Jr.

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

JOE HAND PROMOTIONS, INC., ) ) Case No. 3:20-cv-382 Plaintiff, ) ) Judge Travis R. McDonough v. ) ) Magistrate Judge Jill E. McCook JAMES H. GRIFFITH, JR., d/b/a CJ’s ) SPORTS BAR, and LISA LESLEY, ) ) Defendant.

ORDER

On June 21, 2021, United States Magistrate Judge Jill E. McCook filed her Report and Recommendation (Doc. 66) pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Magistrate Judge McCook recommended that Defendants’ motion for attorney’s fees and costs be denied. The parties have filed no objections to the Magistrate Judge’s Report and Recommendation.1 Nevertheless, the Court has conducted a reviewed the Report and Recommendation, as well as the record, and it agrees with Magistrate McCook’s well-reasoned conclusions. Accordingly:

1 Magistrate Judge McCook specifically advised the parties that they had 14 days in which to object to the Report and Recommendation and that failure to do so would waive his right to appeal. (Doc. 66); see Fed. R. Civ. P. 72(b)(2); see also Thomas v. Arn, 474 U.S. 140, 148-51 (1985) (noting that “[i]t does not appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings”). Even taking into account the three additional days for service provided by Fed. R. Civ. P. 6(d), the period in which Plaintiff could timely file any objections has now expired.  The Court ACCEPTS AND ADOPTS Magistrate Judge McCook’s report and recommendation (Doc. 66).  Defendants’ motion for attorney’s fees and costs (Doc. 56) is DENIED. SO ORDERED.

/s/ Travis R. McDonough TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE