Mullaney et al v. Hilton Hotels Corporation et al

Filing 280

ORDER MODIFYING MAGISTRATE'S FINDINGS AND RECOMMENDATION for 275 . Signed by JUDGE ALAN C KAY. (eps ) -- the Findings and Recommendation are modified by this Court. The Court DENIES Plaintiffs' Motion as moot because the case has been settled.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII MARK MULLANEY, ET AL., ) ) Plaintiff(s), ) ) vs. ) ) HILTON HOTELS ) CORPORATION, ET ) AL., ) ) Defendant(s). ) _____________________________ ) CIVIL NO. 07-00313 ACK-LEK

ORDER MODIFYING MAGISTRATE'S FINDINGS AND RECOMMENDATION Findings and Recommendation to Grant in Part and Deny in Part Plaintiffs' Motion for Summary Judgment Against Defendant Hilton Hotels Corporation dba Hilton Waikoloa Village for Spoliation of Evidence Re: Photos of Scene and/or Default Judgment as a Sanction having been filed and served on all parties on 6/30/09, and no objections having been filed by any party, IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title 28, United States Code, Section 636(b)(1)(C) and Local Rule 74.2, the Findings and Recommendation are modified by this Court. The Court DENIES Plaintiffs' Motion as moot because the case has been settled.

IT IS SO ORDERED. DATED: Honolulu, Hawaii, July 29, 2009.

________________________________ Alan C. Kay Sr. United States District Judge