Franklin v. Board of County Commissioners of Osceola County, 6:17-cv-1196-Orl-40GJK. (2019)
Court: District Court, M.D. Florida
Number: infdco20190130a98
Visitors: 11
Filed: Jan. 29, 2019
Latest Update: Jan. 29, 2019
Summary: ORDER PAUL G. BYRON , District Judge . This cause is before the Court on Defendant's Motion for Sanctions and Dismissal (Doc. 56) filed September 24, 2018, and Defendant's Third Motion for Sanctions and Dismissal (Doc. 83) filed on December 7, 2018. The United States Magistrate Judge has submitted a report recommending that the motions be granted in part and denied in part. After an independent de novo review of the record in this matter, and noting that no objections were timely filed,
Summary: ORDER PAUL G. BYRON , District Judge . This cause is before the Court on Defendant's Motion for Sanctions and Dismissal (Doc. 56) filed September 24, 2018, and Defendant's Third Motion for Sanctions and Dismissal (Doc. 83) filed on December 7, 2018. The United States Magistrate Judge has submitted a report recommending that the motions be granted in part and denied in part. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, ..
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ORDER
PAUL G. BYRON, District Judge.
This cause is before the Court on Defendant's Motion for Sanctions and Dismissal (Doc. 56) filed September 24, 2018, and Defendant's Third Motion for Sanctions and Dismissal (Doc. 83) filed on December 7, 2018. The United States Magistrate Judge has submitted a report recommending that the motions be granted in part and denied in part.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1. The Report and Recommendation filed January 7, 2019 (Doc. 93), is ADOPTED and CONFIRMED and made a part of this Order.
2. The Deposition Motion (Doc. 56) is GRANTED IN PART AND DENIED IN PART as follows:
a. Defendant is awarded $772.00 under Rule 37(d)(3) as its reasonable expenses incurred due to Plaintiff's failure to attend his deposition; and
b. The Deposition Motion is denied in all other respects.
3. The Pretrial Conference Motion (Doc. 83) is GRANTED IN PART AND DENIED IN PART as follows:
a. Defendant is awarded its reasonable expense, including attorney's fees, under Rule 16(f)(2) incurred due to Plaintiff's noncompliance with the CMSO;
b. Defendant shall have fourteen days from the date of this Order to file a motion quantifying the amount of attorney's fees and costs to be awarded, accompanied by affidavits, detailed time sheets, and any other supporting evidence; and
c. The Pretrial Conference Motion is DENIED in all other respects.
DONE AND ORDERED.
Source: Leagle
