Ham v. Parker et al
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|Date Filed||#||Document Text|
|December 5, 2014
ORDER RULING ON REPORT AND RECOMMENDATION adopting 48 Report and Recommendation of Magistrate Judge Bristow Marchant granting 45 Defendants' Motion for Summary Judgment. The first four claims are dismissed with prejudice, fifth and sixth claims are dismissed without prejudice. Signed by Honorable Richard M Gergel on 12/5/2014. (sshe, )
|March 7, 2014
ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant. The Court agrees with and adopts the recommendation of the Magistrate Judge to require Plaintiffs counsel to pay Defendants' costs and fees . However, the Court limits this sanction to the costs and fees associated with Defendants' drafting and defending its motion to dismiss this action for failure to prosecute. Defendants should submit to the Court an affidavit of fees and cost s incurred within ten days ofthis order. Plaintiff will then be allowed to object to the amount within 10 days thereafter. The Court will then enter an order setting the amount due. When payment is made, the Court will deny the motion to dismiss f or failure to prosecute, deny the motion to compel as moot, and an amended scheduling order will be entered. Should no payment be made in compliance with the Court's order, the Court will then consider further sanctions. Signed by Honorable Richard M Gergel on 3/6/2014.(cwhi, )
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