Belanger v. Allstate Fire and Casualty Insurance Company

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

YVONNE BELANGER, individually and on behalf of other similarly situated individuals,

Plaintiff, vs. Civ. No. 19-317 WJ/SCY

ALLSTATE FIRE AND CASUALTY INSURANCE

COMPANY; ALLSTATE INDEMNITY

INSURANCE COMPANY; ALLSTATE

INSURANCE COMPANY; and ALLSTATE

PROPERTY AND CASUALTY INSURANCE

COMPANY,

Defendants.

ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATION

This matter is before the Court on Magistrate Judge Steven C. Yarbrough’s November 21, 2024 Proposed Findings and Recommended Disposition (“PFRD”). Doc. 14. In that PFRD, Judge Yarbrough recommends that the Court grant in part the Unopposed Motion and Memorandum of Law in Support of Class Plaintiffs’ Petition for Award of Attorneys’ Fees, Costs, and Award of Incentive Fee to Named Plaintiff (Doc. 97), and award attorneys’ fees, inclusive of taxes and costs, in the amount of $893,611.43 and an incentive fee to the named Plaintiff in the amount of $10,000.00. Doc. 116 at 44. Judge Yarbrough notified the parties that they had 14 days from service of the PFRD to file any objections to the PFRD. Id. The parties have not filed any objections to the PFRD, thereby waiving their right to review of the proposed disposition. See United States v. One Parcel of Real Prop., 73 F.3d 1057, 1060 (10th Cir. 1996). Furthermore, upon review of the PFRD, the Court concurs with Judge Yarbrough’s findings and recommendation.

IT IS THEREFORE ORDERED THAT:

1. The Court ADOPTS Judge Yarbrough’s Proposed Findings and Recommended Disposition (Doc. 116);

2. The Unopposed Motion and Memorandum of Law in Support of Class Plaintiffs’ Petition for Award of Attorneys’ Fees, Costs, and Award of Incentive Fee to Named Plaintiff (Doc. 97) is GRANTED IN PART AND DENIED IN PART as follows: a. Plaintiff’s counsel is awarded attorneys’ fees, inclusive of taxes and costs, in the amount of $893,611.43; b. and the named Plaintiff is awarded an incentive fee in the amount of $10,000.00.

IT IS SO ORDERED.

/s/

WILLIAM P. JOHNSON

CHIEF UNITED STATES DISTRICT JUDGE