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ZELLA A. POWELL, Plaintiff, v. MORTON PLANT MEASE HEALTH CARE, INC., Defendant.

ORDER

STEVEN MERRYDAY, District Judge

United States Magistrate Judge Mark A. Pizzo submits a report (Doc. 110) recommending that the Court grant in part the plaintiff's motion (Doc. 88) for attorney's fees and costs. The defendant objects (Doc. 111) to the Magistrate Judge's recommendation and argues that the hourly rate charged by lead counsel should be reduced. The defendant's objection fails to establish an error in the Magistrate Judge's determination of an appropriate hourly rate. The defendant's objection (Doc. 111) is OVERRULED and the Magistrate Judge's recommendation (Doc. 110) is ADOPTED. Accordingly, the plaintiff's motion (Doc. 88) for attorney's fees and costs is GRANTED IN PART. The plaintiff is awarded $100,794.00 in attorney's fees and $7,903.05 in costs. The Clerk is directed to enter judgment in favor of the plaintiff in the amount of $100,794.00 in attorney's fees and $7,903.05 in costs.

Pursuant to Rule 62(d), Federal Rules of Civil Procedure, the defendant moves (Doc. 113) without opposition for a stay of the judgment pending the defendant's appeal. The defendant's supersedeas (Doc. 115) in the amount of $140,000.00 is APPROVED. Accordingly, the motion (Doc. 113) is GRANTED and the judgment is STAYED pending the defendant's appeal.

ORDERED.

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POWELL v. MORTON PLANT MEASE HEALTH CARE
(Jan 3, 2006)