Naji et al v. Lincoln

Filing 34

ORDER Adopting 33 Report and Recommendation Denying without Prejudice 28 Motion to Dismiss,, filed by Andrew R Lincoln, Ordering Defendant to Submit a Bill of Costs and Precluding Plaintiffs from Introducing Certain Evidence in this Matter. Signed by District Judge Paul D. Borman. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LOUBNA NAJI and AMAL ANJIEH
AOUM, individually and as next friend
for her minor children, NAZIH BARJAS,
MOHAMAD BARJAS and ZACK BARJAS,

Case No. 13-10738

Paul D. Borman
United States District Judge

Plaintiffs,
v.

Mona K. Majzoub
United States Magistrate Judge
ANDREW RICHARD LINCOLN,
Defendant.
______________________________________/
ORDER (1) ADOPTING MAGISTRATE JUDGE MONA K. MAJZOUB’S JUNE 24, 2015
REPORT AND RECOMMENDATION (ECF NO. 33), (2) DENYING WITHOUT PREJUDICE
DEFENDANT’S MOTION TO DISMISS (ECF NO. 28), (3) ORDERING DEFENDANT TO
SUBMIT A BILL OF COSTS AND (4) PRECLUDING PLAINTIFFS FROM INTRODUCING
CERTAIN EVIDENCE IN THIS MATTER
On June 24, 2015, Magistrate Judge Mona K. Majzoub issued a Report and Recommendation
to deny without prejudice Defendant’s motion to dismiss and to prohibit Plaintiffs from introducing
certain evidence in this matter. (ECF No. 33, Report and Recommendation.) Magistrate Judge
Majzoub also recommended that the Court order the Defendant to submit a bill of costs to the Court
and to warn Plaintiff that any further failures to cooperate in the progress of this case or any further
failures to cooperate with the Court’s orders may result in dismissal of the case with prejudice.
Having reviewed the Report and Recommendation, and there being no timely objections
from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich L. R. 72.1(d), the Court ADOPTS the
Report and Recommendation, DENIES WITHOUT PREJUDICE Defendant’s Motion to Dismiss
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(ECF No. 28) and ORDERS Defendant to submit its bill of costs incurred as a result of Plaintiffs’
failure to fully comply with the Court’s June 23, 2014 Order, as recommended by Magistrate Judge
Majzoub in her Report and Recommendation. Defendant’s bill of costs shall be submitted within
twenty-one (21) days of the date of this Order.
Further, the Court ORDERS that Plaintiffs are prohibited from offering any proofs in this
litigation related to Plaintiff Nazih Barjas’s alleged injuries or any damages resulting from said
injuries. Plaintiffs also are prohibited from introducing evidence from any of Plaintiffs’ medical
providers or treatment facilities that have not yet, but should have already, been disclosed.
The Court advises Plaintiffs that any further failures to cooperate in the progress of this
litigation, or failures to comply with Court orders, may result in dismissal of this case with prejudice.
IT IS SO ORDERED.

s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
Dated: July 14, 2015
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party
of record herein by electronic means or first class U.S. mail on July 14, 2015.

s/Deborah Tofil
Case Manager

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