Filed: Aug. 03, 2017
Latest Update: Aug. 03, 2017
Summary: ORDER G. KENDALL SHARP , District Judge . This cause came on for consideration on Defendants' Motion for Order to Show Cause (Doc. 72), which the Court referred to United States Magistrate Judge Thomas B. Smith for a Report and Recommendation. On July 10, 2017, the Magistrate Judge issued a Report and Recommendation (Doc. 81). Having reviewed the Report and Recommendation (Doc. 81), and there being no timely objections filed, it is hereby ORDERED and ADJUDGED as follows: 1. United Sta
Summary: ORDER G. KENDALL SHARP , District Judge . This cause came on for consideration on Defendants' Motion for Order to Show Cause (Doc. 72), which the Court referred to United States Magistrate Judge Thomas B. Smith for a Report and Recommendation. On July 10, 2017, the Magistrate Judge issued a Report and Recommendation (Doc. 81). Having reviewed the Report and Recommendation (Doc. 81), and there being no timely objections filed, it is hereby ORDERED and ADJUDGED as follows: 1. United Stat..
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ORDER
G. KENDALL SHARP, District Judge.
This cause came on for consideration on Defendants' Motion for Order to Show Cause (Doc. 72), which the Court referred to United States Magistrate Judge Thomas B. Smith for a Report and Recommendation. On July 10, 2017, the Magistrate Judge issued a Report and Recommendation (Doc. 81). Having reviewed the Report and Recommendation (Doc. 81), and there being no timely objections filed, it is hereby ORDERED and ADJUDGED as follows:
1. United States Magistrate Judge Thomas B. Smith's Report and Recommendation (Doc. 81) is APPROVED and ADOPTED and is made part of this Order for all purposes, including appellate review.
2. Defendants' Motion for Order to Show Cause (Doc. 72) is GRANTED in part, and DENIED in part, as follows:
a. Plaintiff Rahmatullah Mayan's Second Amended Complaint (Doc. 21) is DISMISSED without prejudice.
b. Plaintiff Rahmatullah Mayan's Answer to the Counterclaim (Doc. 52) is STRICKEN, and the Clerk of Court is DIRECTED to enter default against Plaintiff Rahmatullah Mayan.
c. Defendants are AWARDED $1,995.00 in attorneys' fees and $75.00 for the court reporter fee, pursuant to Rule 37.
d. Defendants' Counterclaim and Third-Party Complaint (Doc. 32) are DISMISSED, without prejudice to their timely re-filing in state court.
e. The Clerk of Court is directed to CLOSE the file.
DONE AND ORDERED.
