Schlenker et al v. Costa Brava Property Owners Association et al

Filing 134

ORDER ADOPTING 132 Report and Recommendations in its entirety; Further denying 120 Motion to Set Aside as premature. Signed by Honorable P. K. Holmes, III on January 3, 2019. (hnc)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION GARLAND SCHLENKER and MANDI SCHLENKER v. PLAINTIFFS No. 6:14-CV-06068 SKY TAPP and GARLAND COUNTY SHERIFF’S OFFICE DEFENDANTS ORDER The Court has received a report and recommendations (Doc. 132) from Chief United Magistrate Judge Barry A. Bryant. The deadline to file objections has not passed, but the Court need not wait. De novo review of the report and recommendations demonstrates that it is proper, and it is ADOPTED IN ITS ENTIRETY. Even if early adoption were erroneous, the Court finds in the alternative that in light of the atypical posture of this case and the parties’ near-abusive motion practice thus far on the issue of execution of judgment, extraordinary circumstances exist that would justify vacating the reference of this motion. IT IS THEREFORE ORDERED that Defendant Sky Tapp’s motion (Doc. 120) is DENIED as premature. IT IS SO ORDERED this 3rd day of January, 2019. /s/P. K. Holmes, ΙΙΙ P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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