Thornton v. Hospitality Management Associates, Inc. et al

Filing 42

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's 40 recommendation is adopted; (2) Plf Christopher Thornton's 29 motion for sanctions is granted to the extent that the following sanctions are awarded, and in all other respects is denied without prejudice: (a) Attorneys' fees and expenses in the amount of $ 4,140.50 for preparation of the 29 motion for sanctions; (b) Fees and costs of $ 3,013.62 for the expert inspector; and (c) A default judgment on plf Thornton's complaint, which will be entered separately; (3) Plf Thornton's 30 motion for expenses, in which he requests payment of $ 1,053.50 as fees and expenses involved in t he preparation of the 26 motion to compel discovery, is granted; (4) In sum, plf Thornton shall have and recover from dfts Hospitality Management Associates, Inc. and Douglas Gurney and from their attorney Charles Turnipseed, jointly and severally, a total of $ 8,207.62: $ 5,194.00 ($ 4,140.50 plus $ 1,053.50) in attorneys' fees and expenses, plus $ 3,013.62 in expenses for the expert inspection, plus interest running from today; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is not closed. Signed by Honorable Judge Myron H. Thompson on 8/24/2017. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
CHRISTOPHER THORNTON,

)
)
)
)
)
)

Plaintiff,
v.
HOSPITALITY MANAGEMENT
ASSOCIATES, INC. and
DOUGLAS GURNEY,
Defendants.

CIVIL ACTION NO.
2:16cv347-MHT
(WO)

)
)
)
)
)
JUDGMENT

In accordance with the memorandum opinion entered
this date, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The

United

States

Magistrate

Judge's

recommendation (doc. no. 40) is adopted.
(2) Plaintiff

Christopher

Thornton's

motion

for

sanctions (doc. no. 29) is granted to the extent that
the following sanctions are awarded, and in all other
respects is denied without prejudice:
(a) Attorneys’ fees and expenses in the amount
of

$ 4,140.50

for

preparation

of

the

motion

for

sanctions (doc. no. 29);
(b) Fees

and

costs

of

$ 3,013.62

for

the

expert inspector; and
(c) A default judgment on plaintiff Thornton’s
complaint, which will be entered separately.
(3) Plaintiff Thornton’s motion for expenses (doc.
no. 30), in which he requests payment of $ 1,053.50 as
fees and expenses involved in the preparation of the
motion to compel discovery (doc. no. 26), is granted.
(4) In
recover

sum,

from

Associates,

plaintiff

Thornton

defendants

Inc.

and

shall

Hospitality

Douglas

Gurney

and

have

and

Management
from

their

attorney Charles Turnipseed, jointly and severally, a
total

of

$ 8,207.62:

$ 5,194.00

($ 4,140.50

plus $ 1,053.50) in attorneys’ fees and expenses, plus
$ 3,013.62 in expenses for the expert inspection, plus
interest running from today.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

docket

2

as

a

final

judgment

pursuant

to

Rule

58

of

the

Federal

Rules

of

Civil

Procedure.
This case is not closed.
DONE, this the 24th day of August, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE