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Spartan Holdco, LLC, A Delaware Limited Liability Company v. Cheeburger Cheeburger Restaurants

December 5, 2011

SPARTAN HOLDCO, LLC, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
CHEEBURGER CHEEBURGER RESTAURANTS, INC., A FLORIDA CORPORATION, DEFENDANT. CHEEBURGER CHEEBURGER RESTAURANTS, INC., A FLORIDA CORPORATION, THIRD-PARTY PLAINTIFF,
v.
BWAY, LLC, A NEW YORK LIMITED LIABILITY COMPANY, THIRD-PARTY DEFENDANT.



ORDER

THIS CAUSE comes on for consideration upon the Report and Recommendation filed by United States Magistrate Judge Douglas Frazier on November 18, 2011 (Dkt. 101). The Magistrate Judge recommends that the Court deny Cheeburger Cheeburger Restaurants, Inc.'s ("Cheeburger") Motion for Attorney's Fees and Costs (Dkt. 98). Further, the Magistrate Judge recommends that the Court deny the Alternative Motion to Award Fees and Costs of Spartan Holdco, LLC ("Spartan") and BWAY, LLC ("BWAY") (Dkt. 99). No party filed an objection to the Report and Recommendation, and the time to do so has expired.

After an independent review of the record in this matter, the Court agrees with the determinations in the Report and Recommendation. See 28 U.S.C. §636(b)(1). As such, the Report and Recommendation should be adopted, confirmed, and approved in all respects.

Accordingly, it is hereby ORDERED and ADJUDGED as follows:

1. The Magistrate Judge's Report and Recommendation (Dkt. 101) is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review.

2. Cheeburger's Motion for Attorney's Fees and Costs (Dkt. 98) is DENIED.

3. Spartan and BWAY's Alternative Motion to Award Fees and Costs (Dkt. 99) is DENIED.

COPIES TO: UNITED STATES MAGISTRATE JUDGE DOUGLAS N. FRAZIER

COUNSEL OF RECORD

20111205

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