Seychelles Organics Incorporated v. Rose

Filing 90

ORDER: accepting Report and Recommendation 86 and denying 82 motion for protective order. Plaintiff's request for reasonable attorneys is granted, such fees to be determined by Magistrate Judge Burns. See order for additional details. Signed by Senior Judge Frederick J Martone on 9/20/2016.(LMR)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Seychelles Organics Incorporated,
Plaintiff,

10
11

ORDER

v.

12

No. CV-11-01746-PHX-FJM

John R Rose,

13

Defendant.

14
15
Because she is handling supplemental proceedings under LRCiv 72.1(b), we

16
17
18
19
20
21
22
23

referred defendants' motion for protective order (doc. 82) to Magistrate Judge Burns for
resolution. We now have before us Judge Burns' Report and Recommendation (doc. 86),
defendants' objections (doc. 87), and plaintiff's response to the objections (doc. 88).
The defendants’ objections to the R & R are without merit. Our declaration with
respect to the parties' agreement had no effect on the enforceability of the money
judgment. Accordingly, under Rule 72(b)(3), Fed. R. Civ. P., we accept the
Recommendation of the Magistrate Judge. (doc. 86). It is therefore ORDERED
DENYING the defendants' motion for protective order. (doc. 82).

24
25
26
27
28

In addition, we agree with the Magistrate Judge that the motion is not substantially
justified. R & R at 3. Accordingly, we grant plaintiff's request for reasonable attorneys'
///
///

1

fees under Rule 37, Fed. R. Civ. P., (doc. 83 at 12), the amount of such fees to be

2

determined by Judge Burns.

3

Dated this 20th day of September, 2016.

4
5
6
7
8
9
10
11
12

cc: MHB

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-