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)
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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