UNITED STATES OF AMERICA v. ALL FUNDS ON DEPOSIT AT

Filing 1243

MEMORANDUM OPINION AND ORDER adopting, approving and accepting the Report and Recommendation of Magistrate Judge Harvey; granting in part and denying in part 1182 the government's motion for sanctions; and Alexander Lazarenko is dismissed as a claimant in this case. Signed by Judge Paul L. Friedman on December 19, 2019. (MA)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
____________________________________

)
)
)
Plaintiff,
)
)
v.
)
)
ALL ASSETS HELD AT BANK JULIUS, )
Baer & Company, Ltd., Guernsey
)
Branch, account number 121128, in the
)
Name of Pavlo Lazarenko et al.,
)
)
Defendants In Rem.
)
____________________________________)
UNITED STATES OF AMERICA,

Civil Action No. 04-0798 (PLF)

MEMORANDUM OPINION AND ORDER
This matter is before the Court on the objections [1228] to Magistrate Judge G.
Michael Harvey’s Report and Recommendation [1209] dated September 5, 2019. The Court has
carefully considered claimant Alexander Lazarenko’s objections, the response of the United
States [1232], and Mr. Lazarenko’s reply [1236].
Magistrate Judge Harvey has recommended to this Court that the government’s
motion for sanctions [1182] be granted to the extent that it seeks dismissal of Alexander
Lazarenko’s claims in this action and denied to the extent it seeks evidentiary sanctions against
Pavel Lazarenko, Ekaterina Lazarenko, and Lecia Lazarenko. He also recommends that it be
denied to the extent it seeks an order compelling Alexander Lazarenko to appear for a deposition
and an award of expenses. Magistrate Judge Harvey noted that because he imposed the ultimate
sanction of dismissal for violations of discovery orders, it was appropriate that his opinion come

to this Court in the form of a report and recommendation rather than a memorandum opinion and
order. The Court agrees, as dismissal of a party disposes of the case as to that party.
While a magistrate judge’s determination on a non-dispositive matter is entitled to
great deference and will be set aside only if clearly erroneous or contrary to law, FED. R. CIV. P.
72(a), the standard is different with respect to dispositive matters. See FED. R. CIV. P. 72(b).
Because dismissing a party from a case is a dispositive matter, this Court has considered
Magistrate Judge Harvey’s Report and Recommendation de novo. It has reviewed many of the
underlying record documents which Magistrate Judge Harvey and the parties have cited,
including Docket Nos. 1018, 1091, 1123, 1127, 1131, 1132, 1135, 1148, 1150, 1152, 1153,
1162, 1166, 1167, 1175, 1177, 1178, 1182, 1192, and 1198. It has also read the transcript of the
hearing of May 16, 2017 [Dkt. No. 986] before Magistrate Judge Harvey. Upon de novo
consideration of the matter, the Court concludes that Magistrate Judge Harvey correctly
concluded that dismissal of Alexander Lazarenko’s claim was appropriate given the
circumstances presented. In light of the facts, it seems clear that no sanction other than dismissal
would be effective in this case. Accordingly, it is hereby
ORDERED that the Report and Recommendation of Magistrate Judge G. Michael
Harvey is ADOPTED, APPROVED, AND ACCEPTED; it is
FURTHER ORDERED that the government’s motion for sanctions [1182] is
GRANTED to the extent it seeks dismissal of Alexander Lazarenko’s claims in this action; it is
FURTHER ORDERED that the motion is DENIED to the extent that it seeks
(1) evidentiary sanctions against Pavel Lazarenko, Ekaterina Lazarenko, and Lecia Lazarenko;
(2) an order compelling Alexander Lazarenko to appear for a deposition; and (3) an award of
expenses; and it is

2

FURTHER ORDERED that Alexander Lazarenko is DISMISSED as a claimant
in this case.
SO ORDERED.

______________________________
PAUL L. FRIEDMAN
United States District Judge

DATE: December 19, 2019

3