LAWSON v. SUN MICROSYSTEMS, INC.

Filing 163

ORDER on Plaintiff's Objection to the Magistrate Judge's Report and Recommendation on Defendant's Motion for Sanctions. Signed by Judge Richard L. Young on 2/8/2010.(PG)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION DAVID R. LAWSON, Plaintiff, vs. SUN MICROSYSTEMS, INC., Defendant. ) ) ) ) ) ) )

1:07-cv-196-RLY-TAB

ORDER ON PLAINTIFF'S OBJECTION TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION FOR SANCTIONS On October 16, 2009, Magistrate Judge Tim Baker issued a Report and Recommendation (the "Report") on Defendant's Motion for Sanctions, recommending, inter alia, that Plaintiff be sanctioned in the amount of $27,250.00 within sixty (60) days after the court adopts the Report. Plaintiff objects not with regard to the award of sanctions, but only with regard to the timing of payment. Plaintiff explains that he is unemployed and unable to pay a lump sum payment within that time period, and "estimates" that he requires nine (9) months to pay the sanction. The court finds Plaintiff's request to be reasonable given his current situation. As suggested by Defendant, the court ORDERS Plaintiff to pay nine (9) monthly installments from the date of the court's Order on Defendant's Motion for Sanctions. Defendant's requests that the case be dismissed and that the monetary sanction against Plaintiff be increased are denied.
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IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Plaintiff's Objection to Magistrate Judge's Report and Recommendation on Defendant's Motion for Sanctions is SUSTAINED. The Report and Recommendation is MODIFIED and hereby requires Plaintiff to pay the monetary sanction of $27,250.00 in nine (9) equal monthly installments. The first payment must be made within thirty (30) days of the date of this Order.

SO ORDERED this 8th day of February 2010.

RICHARD L. YOUNG, CHIEF JUDGE RICHARD L. YOUNG, CHIEF JUDGE United States District Court United States District Court Southern District of Indiana Southern District of Indiana Electronic Copies to: John Michael Antrim CHURCH CHURCH HITTLE & ANTRIM [e-mail] Douglas Denton Church CHURCH CHURCH HITTLE & ANTRIM [e-mail] Kim F. Ebert OGLETREE, DEAKINS, NASH, SMOAK & STEWART [e-mail] David K. Herzog BAKER & DANIELS - Indianapolis [e-mail]
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Dorothy D. Parson OGLETREE, DEAKINS, NASH, SMOAK & STEWART [e-mail] Alexander Phillip Pinegar CHURCH CHURCH HITTLE & ANTRIM [e-mail] Steven F. Pockrass OGLETREE, DEAKINS, NASH, SMOAK & STEWART [e-mail] Daniel Ryan Roy BAKER & DANIELS - Indianapolis [e-mail]

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