Paris Deior Studios, LLC et al v. Ozone Music and Sound et al

Filing 53

ORDER Adopting in Part 52 Report and Recommendation and Granting in Part 48 Motion for Contempt, filed by Fidelity Capital Group, LLC. Signed by District Judge Arthur J. Tarnow. (MLan)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PARIS DEIOR STUDIOS, LLC, ET AL., Case No. 13-11819 Plaintiffs, v. SENIOR UNITED STATES DISTRICT JUDGE ARTHUR J. TARNOW OZONE MUSIC AND SOUND, ET AL., MAGISTRATE JUDGE LAURIE J. MICHELSON Defendants. / ORDER ADOPTING IN PART THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION [52] AND GRANTING IN PART DEFENDANT’S SECOND MOTION FOR CONTEMPT [48] Before the Court is the Magistrate Judge’s Report and Recommendation [52], filed on January 24, 2014. As of the date of this order, no objections have filed to the Report and Recommendation [52]. In the Report and Recommendation [52], the Magistrate Judge recommends the Court grant in part and deny in part Defendant Fidelity Capital Groups’s Second Motion for Contempt [48]. Specifically, the Magistrate Judge recommends denying the Second Motion for Contempt [48] as to Plaintiffs’ alleged criminal violations, and granting the Motion [48] as to Plaintiffs’ failure to follow the Court’s previous orders. As to these latter violations, the Magistrate Judge recommends four separate sanctions. Having reviewed the record, the Court finds the third sanction requiring the Plaintiffs to show cause unnecessary at this time. However, the Court adopts all other sanctions as detailed by the Magistrate Judge. Therefore, the Report and Recommendation [52] of the Magistrate Judge is hereby ADOPTED IN PART and is entered as the findings and conclusions of the Court. Accordingly, IT IS ORDERED that Defendant’s Second Motion for Contempt [48] is GRANTED IN PART. IT IS FURTHER ORDERED that the Report and Recommendation [52] of the Magistrate Judge is ADOPTED IN PART. SO ORDERED. s/Arthur J. Tarnow ARTHUR J. TARNOW SENIOR UNITED STATES DISTRICT JUDGE Dated: May 22, 2014 ____________________________________________________________ CERTIFICATE OF SERVICE I hereby certify on May 22, 2014 that I electronically filed the foregoing paper with the Clerk of the Court sending notification of such filing to all counsel registered electronically. I hereby certify that a copy of this paper was mailed to the following non-registered ECF participants on May 22, 2014: Parrish Redd s/Michael E. Lang Case Manager to District Judge Arthur J. Tarnow (313) 234-5182 2

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