Schmidt v. Seaba et al
| Merle Richard Schmidt |
| David F Seaba and Suellen Seaba |
| 1:2009cv00057 |
| April 27, 2009 |
| US District Court for the Northern District of Iowa |
| Cedar Rapids Office |
| Iowa |
| Linda R Reade |
| Jon S Scoles |
| None |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
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Filing
45
ORDER ADOPTING 41 Report and Recommendation; granting 4 Motion for Rule 11 Sanctions; granting 19 Motion for Attorney Fees; granting 38 Amended Motion for Attorney Fees: Attorney fees in the amount of $9,812.50 and e xpenses in the amount of $344.30 are awarded in favor of the defendants and against the Plaintiff. The 7/14/09 Judgment 15 is modified to reflect an award of attorney fees and expenses to the defendants in the amount of $10,156.80, plus i nterest. The clerk's office is directed to effectuate such modification; granting in part and denying in part 27 Motion to Strike and Motion for Sanctions. The clerk is directed to strike from the record 18 , 20 , 21 , 22 , 23 , [2 5] and 26 . The defendants' request to find the plaintiff in contempt is denied as moot; denying 28 Motion for Default Judgment and 43 Motion to Strike Report and Recommendation.Signed by Chief Judge Linda R Reade on 12/30/09. (ksy) (Copy with NEF to Plaintiff)
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Filing
41
REPORT AND RECOMMENDATIONS recommend Granting in Part Denying in Part in that the 4 Motion for Rule 11 Sanctions, 19 MOTION for Attorney Fees and 38 Amended MOTION for Attorney Fees filed by Suellen Seaba, David F Seaba should be GRANTED and 27 MOTION to Strike Pleadings should be GRANTED, however the portion of 27 MOTION for Sanctions should be DENIED as moot and 28 MOTION for Default Judgment as to David F. Seaba and Suellen Seaba filed by Merle Richard Schmidt R should be DENIED. Objections to R&R due by 11/12/2009. Signed by Magistrate Judge Jon S Scoles on 10/28/2009. (bjb) (NEF and R&R to Pro Se Filer) Modified text on 10/29/2009 to include link to #4 motion (skm).
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Filing
13
ORDER granting 3 Motion to Dismiss; granting in part and denying in part 4 Motion for Sanctions; denying 10 Motion to Strike. On or before 7/31/09 Defendants may file with the court evidence in support of their request for attorneys' fees and costs. Plaintiff shall have until 8/14/09 to file any reply to the evidence that Defendants submit and to contest the amount of Defendants' requested award. The court also permits Plaintiff one last opportunity to show cause why he should no t be sanctioned. Defendants shall have until 8/22/09 to file a reply. Plaintiff is enjoined from filing further frivolous actions against Defendants regarding this long-settled land dispute. Plaintiff is hereby given notice that the filing of further frivolous actions may result in additional monetary penalties and/or a finding of contempt of court. (See order text). Signed by Chief Judge Linda R Reade on 7/13/09. (Copy w/NEF to pro se plaintiff) (ksy)
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