Travelodge Hotels, Inc. v. Ravin Hotels & Investments, LLC et al

Filing 57

ORDER adopting 56 REPORT AND RECOMMENDATIONS. Signed by Judge Roy B. Dalton, Jr. on 11/13/2018. (ctp)(JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
POSER INVESTMENTS, INC.,
Plaintiff,
v.

Case No. 6:13-mc-18-Orl-37TBS

RAVIN HOTELS & INVESTMENTS,
LLC; GIRDHARI SANKAR;
JEYASELVAN KANAGASABAPATHY,
Defendants.
_____________________________________
ORDER
Before the Court is U.S. Magistrate Judge Thomas B. Smith’s Report issued
pursuant to 28 U.S.C. § 636(e)(6)(B)(iii) recommending the Court hold a show cause
hearing for Defendant Girdhari Sankar’s repeated failure to appear and comply with
court orders. (Doc. 56 (“R&R”).) Magistrate Judge Smith recommends compelling Sankar
to appear in-person and show cause why he should not be held in contempt and
sanctioned for his conduct. (Id. at 4.) If Sankar fails to obey, Magistrate Judge Smith
recommends issuing a writ of bodily attachment for execution by the United States
Marshal so that Sankar is brought before the Undersigned for the show cause hearing.
(Id.)
No objections to the R&R were filed, and the time for doing so has now passed.
Absent objections, the Court has examined the R&R only for clear error. See Wiand v. Wells
Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016);
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see also Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding no error, the
Court concludes that the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S. Magistrate Judge Thomas B. Smith’s Report and Recommendation
(Doc. 56) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

Defendant Girdhari Sankar is ORDERED to appear before the
Undersigned for an in-person show cause hearing regarding his failure to
comply with court orders and to address why sanctions, including civil
contempt, should not issue. This matter will be heard before the
Undersigned on Thursday, December 13, 2018 at 10a.m. in Courtroom 4A
of the Orlando Courthouse, 401 W. Central Boulevard, Orlando, Florida,
32801.

3.

Failure to appear will result in the Court issuing a writ of bodily attachment
for a United States Marshal to bring Defendant Girdhari Sankar before the
Court.

DONE AND ORDERED in Chambers in Orlando, Florida, on November 13, 2018.

Copies to:
Counsel of Record
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