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Real Estate Investors Assoc. v. City of Jamestown

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


April 13, 2006

REAL ESTATE INVESTORS ASSOC., JAMES WHITMEYER, JAMES PAIGE, JR., JAMES BAXTER, CARMELO MAZZURCO, SEBATIANO MAZZURCO, CHARLES LUDWIG, AND SAMUEL POLLINO, PLAINTIFFS,
v.
CITY OF JAMESTOWN, CITY OF JAMESTOWN BOARD OF PUBLIC UTILITIES, SAMUEL TERESI, IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF JAMESTOWN AND MEMBER OF THE BOARD OF PUBLIC UTILITIES, AND MATTHEW DIMAS, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE BOARD OF PUBLIC UTILITIES, DEFENDANT.

The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court

ORDER

By Decision and Order filed March 11, 2005, the Court granted plaintiffs' motion for summary judgment and referred the issue of attorneys' fees and costs to Magistrate Judge Leslie G. Foschio, pursuant to Rules 54(d)(2)(D) and 72(b) of the Federal Rules of Civil Procedure and 28 U.S.C. § 636(b)(3). On March 21, 2006, Magistrate Judge Foschio filed a Report and Recommendation, recommending that plaintiff's motion for attorneys' fees and costs should be granted in the amount of $49,590.40.

The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby

ORDERED, that for the reasons set forth in Magistrate Judge Foschio's Report and Recommendation, the Court awards plaintiffs attorneys' fees and costs in the amount of $49,590.40, and it is further

ORDERED, that in accordance with this Order, the Clerk of Court shall enter judgment in favor of the plaintiff and take all steps necessary to close the case.

IT IS SO ORDERED.

20060413

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