TRUFOODS, LLC v. RIGDON et al

Filing 65

ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court, having considered the Magistrate Judge's Report Recommendation and any objections, approves and adopts the Magistrate Judge's 64 Report and Recommendation. Accordingly, Plaintiff& #039;s motion, Docket No. 59 , is granted in part and denied in part. The Court enters default against Hendryx on Plaintiff's claims and dismisses Hendryx's counterclaims with prejudice. Consistent with the Report and Recommendation, R igdon shall produce any additional documents responsive to the inadequacies outlined in the Report and Recommendation within twenty-one days from the date of this adoption. Plaintiff shall submit its fee petition to the Court within fourteen days from the date of this adoption. (copies to Premier Food, Catherine Hendryx, Michael Rigdon and Coney Island via US Mail). Signed by Judge Jane Magnus-Stinson on 2/28/2012. (JKS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

TRUFOODS, LLC,
Plaintiff,
vs.
MICHAEL RIGDON, et al.,
Defendants.

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1:11-cv-446-JMS-TAB

ADOPTION
The Magistrate Judge submitted his Report and Recommendation on Plaintiff’s motion
for sanctions. Parties were afforded due opportunity pursuant to statute and the rules of this
Court to file objections. The Court, having considered the Magistrate Judge’s Report
Recommendation and any objections, approves and adopts the Magistrate Judge’s Report and
Recommendation. Accordingly, Plaintiff’s motion [Docket No. 59] is granted in part and denied
in part. The Court enters default against Hendryx on Plaintiff’s claims and dismisses Hendryx’s
counterclaims with prejudice. Consistent with the Report and Recommendation, Rigdon shall
produce any additional documents responsive to the inadequacies outlined in the Report and
Recommendation within twenty-one days from the date of this adoption. Plaintiff shall submit
its fee petition to the Court within fourteen days from the date of this adoption.
Dated: 02/28/2012
_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Copies to:
Bart A. Karwath
BARNES & THORNBURG LLP
[e-mail]
Jennifer Lynn Schuster
BARNES & THORNBURG LLP
[e-mail]
Premeir Food Services, LLC
c/o Catherine A. Hendryx
Registered Agent
15422 Kilburn Court
Westfield, Indiana 46074
Catherine Hendryx
15422 Kilburn Court
Westfield, Indiana 46074
Michael Rigdon
15422 Kilburn Ct.
Westfield, IN 46074
Coney Island Custard & Dogs LLC
c/o Michael Rigdon
Registered Agent
15422 Kilburn Court
Westfield, IN 46074