Ross and Baruzzini, Inc. v. Estopinal Group, LLC

Filing 54

ORDER denying 40 Motion for Sanctions and adopting 53 Report and Recommendations. Signed by Chief Judge David R. Herndon on 6/4/13. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ROSS & BARUZZINI, INC.,
Plaintiff,
v.
THE ESTOPINAL GROUP, LLC,
f/k/a/ THE ESTOPINAL GROUP, INC.,
Defendant.

No. 12-CV-0152-DRH
MEMORANDUM AND ORDER

HERNDON, Chief Judge:
On May 14, 2013, pursuant to 28 U.S.C. § 636(b)(1)(B), United
States Magistrate Judge Philip M. Frazier submitted a Report and
Recommendation (“the Report”) recommending that the Court deny
plaintiff’s motion for sanctions (Doc. 53). The Report found that there “is
not enough here to permit a reasonable inference that TEG destroyed
documents in bad faith. Sanctions are not warranted in these particular
circumstances.”
The Report was sent to the parties with a notice informing them of
their right to appeal by way of filing “objections” by May 31, 2013. To date,
none of the parties have filed objections, and the period in which to file
objections has expired.

Therefore, pursuant to 28 U.S.C. § 636(b), this

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Court need not conduct de novo review. Thomas v. Arn, 474 U.S. 140,
149-52 (1985).
Thus, the Court ADOPTS the Report in its entirety (Doc. 53). The
Court DENIES plaintiff’s motion for sanctions (Doc. 40).
IT IS SO ORDERED.
Signed this 4th day of June, 2013.

Digitally signed by
David R. Herndon
Date: 2013.06.04
11:02:42 -05'00'
Chief Judge
United States District Court

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