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AMERICAN CHARITIES FOR REASONABLE FUNDRAISING REGULATION, INC., et al., Plaintiffs, vs. PINELLAS COUNTY, et al., Defendants

ORDER ADOPTING REPORT AND RECOMMENDATION

ELIZABETH KOVACHEVICH, Chief Judge, District

This cause is before the Court on the report and recommendation (RR) issued by Magistrate Judge Thomas G. Wilson on May 23, 2003 (Docket No. 172). The magistrate judge recommended that the Court award the plaintiffs $257, 151.03 in attorneys' fees and $9, 938.35 in related expenses and costs.

Pursuant to Rule 6.02, Rules of the United States District Court for the Middle District of Florida, the parties had ten (10) days after service to file written objections to the proposed findings and recommendations, or be barred from attacking the factual findings on appeal. Nettles v. Wainwright 677 F.2d 404 (5th Cir. 1982) (en banc). No objections have been filed to date.

STANDARD OF REVIEW

When a party makes a timely and specific objection to a finding of fact in the report and recommendation, the district court should make a donovo review of the record with respect to that factual issue. 28 U.S.C. § 636(b)(1); U.S. v. Raddatz, 447 U.S. 667 (1980); Jeffrey S. v. State Bd. of Educ. of State of Georgia, 896 F.2d 507 (11th Cir. 1990). However, when no timely and specific objections arc filed, case law indicates that the court should review the findings using a clearly erroneous standard. Gropp v. United Airlines, Inc., 817 F. Supp. 1558, 1562 (M.D. Fla. 1993).

The Court has reviewed the report and recommendation and made an independent review of the record. Upon due consideration, the Court concurs with the report and recommendation. Accordingly, it is

ORDERED that the report and recommendation, dated May 23, 2003 (Docket No. 172) be adopted and incorporated by reference; and plaintiffs be awarded $257, 151.03 in attorneys' fees and $9, 938.35 in related expenses and costs.

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AM. CHAR./REASONABLE FUNDR. REG., v. PINELLAS COUNTY, (M.D.Fla. 2003)
(Jun 24, 2003)