NGUYEN v. HAMILTON EXHIBITS, LLC

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATIONS - Therefore, the Court adopts the Report and Recommendation, (ECF No. 42), grants the Defendant's Motion for Sanctions, (ECF No. 30), dismisses Plaintiff's Amended Complaint with prejudice for his s poliation of evidence, and grants Defendant's request for reasonable attorney's fees associated with bringing the motion for sanctions. This action will be dismissed with prejudice. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 1/8/2021.(JDC)

Case 1:19-cv-04330-JRS-DML Document 43 Filed 01/08/21 Page 1 of 2 PageID #: 223

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
XUAN T. NGUYEN,
Plaintiff,
v.
HAMILTON EXHIBITS, LLC,
Defendant.

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No. 1:19-cv-04330-JRS-DML

Order Adopting Report and Recommendation
and Granting Motion for Sanctions
On November 18, 2020, Magistrate Judge Debra McVicker Lynch issued a Report
and Recommendation on Defendant's motion for sanctions, recommending that the
Court dismiss Plaintiff's Amended Complaint with prejudice and award Defendant
its reasonable attorney's fees in bringing the sanctions motion. The Report and Recommendation advised the parties that any objections thereto must be filed within
fourteen days after service and that the failure to file any objection would constitute
waiver of subsequent review absent a showing of good cause. Plaintiff did not file any
objection within fourteen days after service of the Report and Recommendation; nor
did he seek an extension of time within which to do so. As of this date, Plaintiff has
filed no objection or other response to the Report and Recommendation. He has therefore waived any objection that he may have had.
Having reviewed the Report and Recommendation as well as the motion for sanctions and the record, the Court finds that the Magistrate Judge's recommendation is

Case 1:19-cv-04330-JRS-DML Document 43 Filed 01/08/21 Page 2 of 2 PageID #: 224

appropriate and warranted. Therefore, the Court adopts the Report and Recommendation, (ECF No. 42), grants the Defendant's Motion for Sanctions, (ECF No. 30),
dismisses Plaintiff's Amended Complaint with prejudice for his spoliation of evidence, and grants Defendant's request for reasonable attorney's fees associated with
bringing the motion for sanctions. This action will be dismissed with prejudice.

SO ORDERED.
Date: 1/8/2021

Distribution:
XUAN T. NGUYEN
158 Longfellow Lane
Greenfield, IN 46140
Jeffrey Wayne Parker, Jr.
OGLETREE DEAKINS NASH SMOAK & STEWART, P.C. (Indianapolis)
[e-mail]
Scott James Preston
OGLETREE DEAKINS NASH SMOAK & STEWART, P.C. (Indianapolis)
[e-mail]

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