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CONSUMERS PRODUCE, INC., PLAINTIFF, v. R. FAMILY MARKET, et al., DEFENDANTS.

ORDER

PETER ECONOMUS, District Judge

On February 4, 2009, this Court issued an order assigning this case to Magistrate Judge James S. Gallas (Dkt. # 53, 54) to determine Consumers Produce Inc.'s ("Plaintiff") Motion for Attorney Fees and Costs (Dkt. # 48). On July 10, 2009, Magistrate Judge Gallas issued a Report and Recommendation, recommending that the Court GRANT Plaintiff's Motion for Attorney Fees in the amount of $17,001.53 ($16,425.50 for attorneys fees and $576.03 for related expenses). (Dkt. # 55).

FED. R. CIV.P. 72(b) provides that objections to a report and recommendation must be filed within ten (10) days after service, but Defendants have failed to timely file any such objections. Therefore, the Court must assume that Defendants are satisfied with Magistrate Judge Gallas' recommendation. Any further review by this Court would be a duplicative and an inefficient use of the Court's limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

Therefore, the Report and Recommendation of Magistrate Judge Gallas is hereby ADOPTED. (Dkt. # 55). Plaintiff's Motion for Attorney Fees and Costs is GRANTED. (Dkt. # 48). Accordingly, a fee and cost award in the amount of $17,001.53 is ORDERED to be sent to Plaintiff's counsel, Frederick S. Coombs, III.

IT IS SO ORDERED.

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CONSUMERS PRODUCE, INC. v. R. FAMILY MARKET (N.D.Ohio 7-28-2009)
(Jul 28, 2009)