Westfield Insurance Company v. Honaker, No. 5:2018cv01206 - Document 40 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER: OVERRULING Mr. Honaker's 39 Objections, ADOPTING the 38 Proposed Findings and Recommendation, AWARDING Westfield Insurance Company $14,885.60 in attorney fees and expenses as set forth in the 32 Petition, and DENYING Mr. Honaker's letter form 34 Motion. Signed by Judge Frank W. Volk on 12/19/2019. (cc: attys; any unrepresented party) (msa)
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Westfield Insurance Company v. Honaker Doc. 40 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT BECKLEY WESTFIELD INSURANCE COMPANY, Plaintiff, v. CIVIL ACTION NO. 5:18-cv-01206 DAVID HONAKER, Defendant. MEMORANDUM OPINION AND ORDER Pending are Plaintiff Westfield Insurance Company’s Petition for Award of Attorney Fees and Expenses [Doc. 32], filed September 6, 2019, and Defendant David Honaker’s letter-form motion [Doc. 34], filed October 2, 2019. The filings were referred to United States Magistrate Judge Omar J. Aboulhosn for submission of proposed findings and a recommendation (“PF&R”). Magistrate Judge Aboulhosn filed his PF&R on November 25, 2019. Magistrate Judge Aboulhosn recommended that the Court award Westfield Insurance Company the attorney fees and expenses as set forth in the petition and deny the letter-form motion of Mr. Honaker. Mr. Honaker objected to the PF&R on December 18, 2019 [Doc. 39]. The Court is required to “make a de novo determination of those portions of the report or specified findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1). Mr. Honaker’s sole objection states that he did not contract with Westfield Insurance Company’s counsel and that he therefore does not owe opposing counsel any legal fees. But the PF&R recommends Westfield Insurance Company be awarded attorney fees due to Mr. Honaker’s refusal to participate in discovery, not because Mr. Honaker himself retained the services of Westfield Insurance Company’s counsel. Dockets.Justia.com Accordingly, the Court OVERRULES Mr. Honaker’s Objections [Doc. 39], ADOPTS the PF&R [Doc. 38], AWARDS Westfield Insurance Company $14,885.60 in attorney fees and expenses as set forth in the petition [Doc. 32], and DENIES Mr. Honaker’s letter-form motion [Doc. 34]. The Court directs the Clerk to transmit a copy of this Order to any counsel of record and any unrepresented party herein. ENTERED: December 19, 2019 2
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