RIVERS v. ASPLUNDH TREE EXPERT COMPANY
| ANGELO PECELLO RIVERS |
| ASPLUNDH TREE EXPERT COMPANY |
| 5:2008cv00061 |
| March 5, 2008 |
| US District Court for the Northern District of Florida |
| Panama City Office |
| Jackson |
| RICHARD SMOAK |
| ELIZABETH M TIMOTHY |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1983 Civil Rights |
| Plaintiff |
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Filing
84
ORDER adopting 81 Report and Recommendation; granting in part and denying in part 63 Motion to Enforce Judgment; granting 45 Motion for Summary Judgment.The clerk is directed to enter judgment in the amount of $8,087.29 in favor of Defendant and against Plaintiff. The clerk is directed to enter summary judgment in favor of Defendant Asplundh Tree Expert Company. Signed by JUDGE RICHARD SMOAK on 9/23/09. (jem)
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Filing
81
ORDER - 1) Dft ASPLUNDH TREE EXPERT COMPANY's 58 MOTION to Strike Portions of Pla's 55 Affidavit is granted in part and denied in part: The motion is granted to the extent that the following italicized paragraphs or p ortions of paragraphs of the affidavit, as identified, are stricken: Paragraphs 17, 18, 25, 37, 50, 52, 53, 74, 76, 78, and 80; the motion is denied in all other respects. 2) Dft is entitled to be paid the sum of $6,308.19 by Pla for fees Dft in curred in filing its Third motion to compel and two motions for sanctions. 3) The clerk is directed to seal the exhibits attached to Docket Entry 56 (pp. 7-63). **REPORT AND RECOMMENDATION - 1) That Dft's 63 MOTION for enforcement of sanctio ns be granted in part and denied in part. Granted, to the extent Pla shall pay the amount of $1,779.10 in sanctions previously assessed as well as the additional amount of $6,308.19 in new sanctions ordered above, for a total of $8,087 .29 due to Dft ASPLUNDH TREE EXPERT COMPANY. The motion should be denied in all other respects. 2) Dft's 45 MOTION for summary judgment be granted. 3) That Judgment be entered in favor of Dft ASPLUNDH TREE EXPERT COMPANY. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 8/24/2009. **(R&R flag set) - Internal deadline for referral to district judge if objections are not filed earlier: 9/21/2009. (laj)
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Filing
43
ORDER - 1) GRANTING Dft's 27 and 37 Motions for Sanctions. 2) On or before 12/15/2008, Dft shall submit documentation of fees and expenses incurred in bringing the Motions for Sanctions and attending Pltf's first sche duled deposition. Within (10) days of receipt of Dft's documentation, but no later than 12/27/08, Pltf may, but is not required to, file a notice outlining any objections to the reasonableness of the amounts claimed by Dft. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 12/3/2008. (laj)
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| Plaintiff: ANGELO PECELLO RIVERS | |
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| Defendant: ASPLUNDH TREE EXPERT COMPANY | |
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