Miller v. Brightstar International Corp.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION TYLER MILLER, ) ) Plaintiff, ) ) v. ) No. 3:20-cv-00313 ) BRIGHTSTAR INTERNATIONAL ) CORP., et al., ) ) Defendants. ) ORDER Before the Court is a Report and Recommendation (“R&R”) (Doc. No. 93) recommending the Court grant in part and deny in part Miller’s Amended Motion for Attorney’s Fees, Costs, Expenses, and Prejudgment Interest (Doc. No. 89). No timely objections have been filed.

The failure to “timely object to a report and recommendation releases the Court from its duty to independently review the matter.” Lawhorn v. Buy Buy Baby, Inc., No. 3:20-cv-00201, 2021 WL 1063075, at *1 (M.D. Tenn. Mar. 19, 2021); see also Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It does not appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.”).

Regardless, the Court reviewed the R&R and agrees with the Magistrate Judge’s recommended disposition. Thus, the R&R is APPROVED AND ADOPTED; Miller’s Amended Motion for Attorney’s Fees, Costs, Expenses, and Prejudgment Interest (Doc. No. 89) is GRANTED IN PART and DENIED IN PART. Miller’s requests for $92,125.00 in attorney’s fees and for $3,457.61 in prejudgment interest is GRANTED. His request for $2,478.45 in costs and expenses is GRANTED IN PART and DENIED IN PART; the Court awards Miller $1,318.74 in costs.

IT IS SO ORDERED. Whe / fled Dz. Lesh CHIEF UNITED STATES DISTRICT JUDGE