Lawshe v. Babers

Filing 78

ORDER ADOPTING 76 REPORT AND RECOMMENDATIONS re 70 MOTION to Dismiss filed by Babers. The motion is granted and Lawshe's claims against defendants are dismissed with prejudice. Barbers to be awarded reasonable fees adn costs to remedy Lawshe's discovery failures. The amount of the ward will be determined with a separate order after briefing. Signed by District Judge Jeffrey U. Beaverstock on 1/7/21. (copy to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ANGELA A. LAWSHE,
Plaintiff,
v.
BABER’S INC.,
Defendant.

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) CIVIL ACTION NO. 1:19-00035-JB-N
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ORDER

After due and proper consideration of the issues raised, and a de novo determination of
those portions of the recommendation to which objection is made, the Report and
Recommendation of the Magistrate Judge (Doc. 76) made under 28 U.S.C. § 636(b)(1)(B)–(C),
Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(S), and dated December 8,
2020, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Angela Lawshe’s claims against Baber’s, Inc. be
DISMISSED with prejudice. Further, it is ORDERED that Babers, Inc. be awarded reasonable
fees and costs to remedy Lawshe’s discovery failures. The amount of this award will be determined
with a separate order after briefing. The following motions are now MOOT: Docs. 51, 52, 63, and
66. Final judgment shall issue separately in accordance with this order and Fed. R. Civ. P. 58.
DONE and ORDERED this the 7th day of January, 2021.
/s/ JEFFREY U. BEAVERSTOCK
UNITED STATES DISTRICT JUDGE