DELLINGER v. INTERNATIONAL RARITIES CORPORATION

Filing 87

ORDER adopting 79 REPORT AND RECOMMENDATION; denying 71 Motion for Sanctions as to Plaintiff's request to strike Defendant's defenses and enter a default judgment. Signed by JUDGE RICHARD SMOAK on 7/6/2011. (jcw)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION DEAN DELLINGER, Plaintiff, vs. CASE NO. 3:10cv323/RS-EMT INTERNATIONAL RARITIES CORPORATION, Defendant. _________________________________/ ORDER Before me is the Magistrate Judge’s Report and Recommendation (Doc. 79). IT IS ORDERED: 1. The Magistrate Judge’s Report and Recommendation is approved and incorporated into this Order. 2. Plaintiff’s motion for sanctions (Doc. 71) is denied as to Plaintiff’s request to strike Defendant’s defenses and enter a default judgment. 3. The Court will consider imposing sanctions against Defendant in the form of the attorneys fees and other expenses incurred by Plaintiff as a result of Defendant’s violation of the Court’s scheduling orders (Doc. 11, Doc. 26, Doc. 65). 1 4. Not later than July 20, 2011, Plaintiff shall file an itemization of attorneys fees and costs incurred as a result of Defendant’s violations, following the requirements for the documentation of expenses set forth in N.D. Fla. Loc. R. 54.1(B) and 54.2(A). ORDERED on July 6, 2011. /s/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE 2

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