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14-166 - Sparks v. Allstate Medical Equipment, Inc et al


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14-166 - Sparks v. Allstate Medical Equipment, Inc et al
December 7, 2015
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MEMORANDUM DECISION AND ORDER Defendant Kaplan's Motion for Summary Judgment (Dkt. 20) is GRANTED and all claims as to Defendant Kaplan are dismissed. Plaintiff's claims against Defendant Allstate remain at issue The Court has not considered the Declaration of Robert Kaplan in deciding this matter. Plaintiff's Motion to Strike Robert Kaplan's Declaration (Dkt. 23) is accordingly DENIED as MOOT. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
August 11, 2016
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REPORT AND RECOMMENDATIONS It is hereby RECOMMENDED: 1) Sparks' Motion for Attorneys' Fees and Costs (Dkt. 34) be GRANTED; 2) Kaplan's Motion for Costs and Attorney Fees (Dkt.36) be GRANTED, in part and DENIED in part; 3) The Judgment (Dkt. 33) be amended to include an award of attorney fees of $7,125 in favor of Sparks; 4) The Court amend the judgment to offset it by the amount of the award of attorney fees to Kaplan of $27,265.85; and 5) The Court direct the Clerk of the Court to tax costs to Sparks and Kaplan as requested in their respective bills of costs (Dkts. 35, 37). Objections to R&R due by 8/29/2016. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
September 29, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS It is hereby ORDERED that the Report and Recommendation (Dkt. 46) shall be INCORPORATED by reference, ADOPTED in its entirety and ordered as follows: 1) Sparks' Motion for Attorneys' Fees and Costs (Dkt. 34) is GRANTED. 2) Kaplan's Motion for Costs and Attorney Fees (Dkt.36) is GRANTED, in part and DENIED in part. An Amended Judgment shall be entered in this matter to reflect an award of attorney fees of $7,125 in favor of Sparks which will be offset against the award of attorney fees awarded to Kaplan of $27,265.85. 4) The Clerk of Court shall tax costs as requested in the respective bills of costs (Dkts. 35 and 37) forthwith. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)