Riley v. El Dorado School Board et al

Filing 53

JUDGMENT/ORDER ADOPTING REPORT AND RECOMMENDATIONS re 52 ; granting 27 and 30 Motion for Sanctions; Court finds appropriate sanction to be imposed is dismissal of case rather than monetary; Case Dismissed With Prejudice. Signed by Honorable Susan O. Hickey on April 8, 2015. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
LAKENYA RILEY
VS.

PLAINTIFF
CASE NO. 1:14-CV-1016

EL DORADO SCHOOL BOARD, et al.

DEFENDANTS
JUDGMENT

Before the Court is the Report and Recommendation filed March 20, 2015, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 52).
Judge Bryant recommends that Defendants’ Motions for Sanctions (ECF Nos. 27 & 30) be granted.
Judge Bryant states in his Report and Recommendation that Plaintiff failed to appear for her own
deposition and has consistently failed to fully comply with this Court’s orders to respond to written
discovery. Judge Bryant recommends that the Court impose monetary sanctions in the amount of
$1,777.91 (the cost to Defendants for Plaintiff’s failure to appear for her deposition) or that this action
be dismissed with prejudice for Plaintiff’s failure to follow orders of the Court and failure to appear at
her own deposition.
The parties have not filed objections to the Report and Recommendation, and the time to object
has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and Recommendation
in toto. Defendants’ Motions for Sanctions (ECF Nos. 27 & 30) should be and hereby are GRANTED.
The Court finds that the dismissal of this action with prejudice is the appropriate sanction to be imposed
in this case. Accordingly, Plaintiff’s claims are hereby DISMISSED WITH PREJUDICE.
IT IS SO ORDERED, this 8th day of April, 2015.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge