Tinker Inc v. Poteet, No. 3:2014cv02878 - Document 96 (N.D. Tex. 2018)
Court Description: Order Accepting 95 Findings and Recommendations on Motion re: 88 Motion for Attorney Fees. Accordingly, the court denies Barbara Poteet and Captain Billy Whizzbangs Hamburgers, Inc.s Motion for Attorneys Fees and Related Non-Taxable Expenses 88 . (Ordered by Judge Sam A Lindsay on 8/31/2018) (epm)
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Tinker Inc v. Poteet Doc. 96 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION TINKER, INC. d/b/a The Hamburger Man, Plaintiff, v. BARBARA POTEET d/b/a The Hamburger Man and CAPTAIN BILLY WHIZZBANG’S HAMBURGERS, INC. d/b/a The Hamburger Man, Defendants. § § § § § § § § § § § § § Civil Action No. 3:14-CV-2878-L ORDER Before the court is Barbara Poteet and Captain Billy Whizzbang’s Hamburgers, Inc.’s Motion for Attorneys’ Fees and Related Non-Taxable Expenses (Doc. 88), filed October 16, 2017, which was referred to United States Magistrate Judge Renée Harris Toliver for hearing, if necessary, and for her to submit to the court proposed findings and recommendations for disposition of the motion. On August 9, 2018, the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) (Doc. 95) was filed. Judge Toliver found that this action was not an “exceptional” case, and, therefore, Defendants were not entitled to an award of attorney’s fees. No objections to the Report were filed within the 14-day period allowed pursuant to Federal Rule of Civil Procedure 72(b). After a careful review of the motion for attorney’s fees, the parties’ briefing on the motion, the record, and the Report, the court determines that findings and conclusions of the Magistrate Judge are correct, and accepts them as those of the court. Accordingly, the court denies Barbara Order – Page 1 Dockets.Justia.com Poteet and Captain Billy Whizzbang’s Hamburgers, Inc.’s Motion for Attorneys’ Fees and Related Non-Taxable Expenses (Doc. 88). It is so ordered this 31st day of August, 2018. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2
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