OKLAHOMA NATURAL GAS COMPANY v. APACHE CORPORATION

PAUL J. CLEARY, Magistrate Judge

Before the undersigned for Report and Recommendation is Apache Corporation's ("Apache") Application and Brief in Support of Application for Attorney Fees and Related Expenses Against Kaiser-Francis Oil Company ("KFOC) and George B. Kaiser ("Kaiser") [Dkt. # 142]. The fee application was filed April 16, 2004, and the matter was referred to the undersigned on April 19, 2004. [Dkt. # 143]. Thereafter, KFOC and Kaiser filed their joint response to Apache's fee application. [Dkt. # 149]. In that response, KFOC and Kaiser stated that they do not oppose this Court granting Apache's Application subject to their right to have the award vacated based on the ultimate outcome of their appeal to the Tenth Circuit Court of Appeals.

Apache has requested an attorney fee award of $135,786.75 and related litigation expenses of $7,533.88, for a total request of $143,320.63. This fee is based on the following hourly rates and hours billed: Kevin Layton $185/hour 568.15 hours $105,107.75 Atty Fee App $185 10.0 $ 1,850.00 Sheila Powers $170 151.00 $ 25,670.00 Chris. Woosley $135 23.4 $ 3,159.00 TOTAL FEES $135,786.75 Expense reimbursement totals $7,533.88 and includes copying and fax costs, computer research, deposition fees, travel expenses and witness fees.

Subject to the right to have this award vacated based on the ultimate decision by the Tenth Circuit Court of Appeals, KFOC and Kaiser have waived objection to Apache's application for fees and expenses. Accordingly, the undersigned finds that Apache's application for fees and costs in the total amount of $143,320.63 is not opposed and RECOMMENDS that fees and expenses in this amount should be GRANTED.

The District Judge assigned to this case will conduct a de novo review of the record and determine whether to adopt or revise this Report and Recommendation or whether to recommit the matter to the undersigned. As part of his/her review of the record, the District Judge will consider the parties' written objections to this Report and Recommendation. A party wishing to file objections to this Report and Recommendation must do so within ten days after being served with a copy of this Report and Recommendation. See 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). The failure to file written objections to this Report and Recommendation may bar the party failing to object from appealing any of the factual or legal findings in this Report and Recommendation that are accepted or adopted by the District Court. See Moore v. United States, 950 F.2d 656 (10th Cir. 1991); and Talley v. Hesse, 91 F.3d 1411, 1412-13 (10th Cir. 1996).