Ramirez-Lluveras v. Pagan-Cruz

65 F. Supp. 3d 308, 2014 U.S. Dist. LEXIS 172457, 2014 WL 6997839
Procedural entryThis page is a short order in Ramirez-Lluveras v. Pagan-Cruz. Read the opinion of the Court — 833 F. Supp. 2d 165
District Court, D. Puerto Rico·Decided November 18, 2014·No. Civil No. 08-1486 (FAB)·Published

Opinion

MEMORANDUM AND ORDER

BESOSA, District Judge.

A district court may refer a pending motion to a magistrate judge for a report and recommendation. See 28 U.S.C. § 636(b)(1)(B); Fed.R.Civ.P. 72(a); Loc. Rule 72(b). Any party adversely affected by the report and recommendation may file written objections within fourteen days of being served with the magistrate judge’s report. Loc. Rule 72(d). See 28 U.S.C. § 636(b)(1). A party that files a timely objection is entitled to a de novo determination of “those portions of the report or specified proposed findings or recommendations to which specific objection is made.” Ramos-Echevarria v. Pichis, Inc., 698 F.Supp.2d 262, 264 (D.P.R.2010); Sylva v. Culebra Dive Shop, 389 F.Supp.2d 189, 191-92 (D.P.R.2005) (citing United States v. Raddatz, 447 U.S. 667, 673, 100 S.Ct. 2406, 65 L.Ed.2d 424 (1980)). Failure to comply with this rule precludes further review. See Davet v. Maccarone, 973 F.2d 22, 30-31 (1st Cir.1992). Borden v. Secretary of H.H.S., 836 F.2d 4, 6 (1st Cir.1987). In conducting its review, the court is free to “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(a), (b)(1); Templeman v. Chris Craft Corp., 770 F.2d 245, 247 (1st Cir.1985); Alamo Rodriguez v. Pfizer Pharmaceuticals, Inc., 286 F.Supp.2d 144, 146 (D.P.R.2003). Furthermore, the Court may accept those parts of the report and recommendation to which the parties do not object. See Hernandez-Mejias v. General Elec., 428 F.Supp.2d 4, 6 (D.P.R.2005) (citing Lacedra v. Donald W. Wyatt Detention Facility, 334 F.Supp.2d 114, 125-126 (D.R.I. 2004)).

On October 23, 2014, the United States magistrate judge issued a thorough and well-supported Report and Recommendation (“R & R”) (Docket No. 512), recommending that plaintiffs’ motions for attorney’s fees and costs (Docket Nos. 475 and 477) be granted and that their fees and litigation expenses be awarded as requested. The parties had until November 10, 2014 to object to the R & R. Neither party did. Therefore, the plaintiffs and the defendants have waived the right to further review in the district court. Davet, 973 F.2d at 30-31.

The Court has made an independent examination of the entire record in this case and ADOPTS the magistrate judge’s findings and recommendations.

Accordingly, plaintiffs, as prevailing parties, are awarded attorney’s fees in the amount of $399,122.50, plus litigation expenses in the amount of $12,947.28 incurred pursuant to 28 U.S.C. § 1988 and not recoverable as costs pursuant to 28 U.S.C. § 1923 for a total of $412,069.28.

IT IS SO ORDERED.

[312] MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AWARDING ATTORNEY’S FEES AND LITIGATION EXPENSES

JUSTO ARENAS, United States Magistrate Judge.

I. INTRODUCTION

Plaintiffs are the surviving family members of Miguel A. Caceres-Cruz who was killed by an off-duty Puerto Rico police officer as the result of an unwarranted shooting. The sad and horrible story need not be retold here. See Ramirez-Lluveras v. Rivera-Merced, 759 F.3d 10, 13-14 (1st Cir.2014); Ramirez-Lluveras v. Pargan-Cruz, 919 F.Supp.2d 214, 216-17 (D.P.R.2013); Ramirez-Lluveras v. Pagan-Cruz, 862 F.Supp.2d 82, 87-88 (D.P.R.2012); Ramirez-Lluveras v. Pagan-Cruz, 833 F.Supp.2d 165, 170-71 (D.P.R.2011); Ramirez-Lluveras v. Pagan-Cruz, 833 F.Supp.2d 151, 155 (D.P.R.2011).

This matter is before the court on unopposed motion for attorney’s fees and litigation expenses filed by prevailing plaintiffs on November 26, 2012, as corrected two days later. (Docket Nos. 475, 477.) The award is requested against Javier Pagan-Cruz, the killer, and on-scene police officers Carlos Sustache-Sustache and Zulma Diaz, against whom a verdict was announced on November 9, 2012. (Docket No. 464)- The verdict was not appealed. An additional motion was filed by prevailing plaintiffs on December 11, 2012 representing additional expenses as part of the request for attorney’s fees. (Docket No. 479). A ruling on the motion was deferred pending a related appeal. Prevailing plaintiffs resubmitted the request for attorney’s fees on October 2, 2014. (Docket No. 506).

The matter of attorney’s fees and litigation expenses was referred to me for report and recommendation also on October 2, 2014 (Docket Nos. 508, 509). For the reasons set forth below, I recommend that plaintiffs’ request for attorney’s fees and litigation expenses, as supplemented and reaffirmed (Docket Nos. 475, 479, 506) be GRANTED in its entirety, and that prevailing plaintiffs be awarded attorneys fees representing hourly rates in the amount of $399,122.50, in addition to litigation expenses incurred under 28 U.S.C. § 1988, and not recoverable as costs under 28 U.S.C. § 1923, in the amount of $12,947.28 for a total of $412,069.78.

II. ANALYSIS

A. Attorney’s Fees

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Ramirez-Lluveras v. Pagan-Cruz, 65 F. Supp. 3d 308, 2014 U.S. Dist. LEXIS 172457, 2014 WL 6997839 (prd 2014).

65 F. Supp. 3d 308 (Ramirez-Lluveras v. Pagan-Cruz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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