Steele v. Burek et al

Filing 81

ORDER Adopting Report and Recommendation for Granting in Part and Denying in Part 57 Motion to Dismiss, filed by Jon Shelden, Susan Burek re 78 Report and Recommendation. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Lisa Steele,
Plaintiff,
v.

Case No. 14-11969

Susan Burek, et al.,

Sean F. Cox
United States District Court Judge

Defendants.
____________________________/
ORDER ADOPTING
AUGUST 28, 2015 REPORT AND RECOMMENDATION
Defendants Susan Burek and Jon Sheldon filed a Motion to Dismiss or for Other
Discovery Sanctions and to Challenge Attorney Eyes Only Designation (Docket Entry No. 57)
on July 1, 2015. That motion was referred to Magistrate Judge David Grand for issuance of a
report and recommendation, pursuant to 28 U.S.C. § 636(b)(1)(B).
On August 28, 2015, Magistrate Judge Grand issued his Report and Recommendation
(“R&R) wherein he recommends that the Court deny the motion in part and grant the motion in
part. Specifically, the R&R recommends that the Court deny Defendants’ request for dismissal
of Plaintiff’s case but grant Defendants’ request for a monetary sanction against Plaintiff in the
amount of $4,244, to be paid within 30 days of this Court’s order on the R&R. (Docket Entry
No. 78 at 4). The R&R further recommends that the Court order Plaintiff to produce certain
discovery, as set forth in the R&R. (Id. at 4). Finally, the R&R recommends that the portion of
the motion dealing with “attorney’s eyes only” designations be denied as moot. (Id. at 2 n.1).
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a

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matter by a Magistrate Judge must file objections to the R&R within fourteen (14) days after
being served with a copy of the R&R. “The district judge to whom the case is assigned shall
make a de novo determination upon the record, or after additional evidence, of any portion of the
magistrate judge’s disposition to which specific written objection has been made.” Id.
The time for filing objections to the R&R has expired and the docket reflects that neither
party has filed objections to the R&R. The Court hereby ADOPTS the August 28, 2015 R&R.
The Court DENIES WITHOUT PREJUDICE Defendants’ request for dismissal of
Plaintiff’s Complaint.
IT IS FURTHER ORDERED that Defendant’s Motion (Docket Entry No. 57) is
GRANTED to the extent that the Court ORDERS that Plaintiff Lisa Steele pay a monetary
sanction in the amount of $4,244 to Defendants within thirty (30) days of this Order.
The Motion is also GRANTED to the extent that the Court ORDERS that Plaintiff shall
produce the discovery and/or written explanation for the inability to produce same, as set forth in
the R&R, to Defendants within fourteen (14) days of this Order.
IT IS FURTHER ORDERED that the portion of the Motion concerning “attorney’s
eyes only” designations is DENIED AS MOOT.
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: September 29, 2015
I hereby certify that a copy of the foregoing document was served upon counsel of record on
September 29, 2015, by electronic and/or ordinary mail.
S/Jennifer McCoy
Case Manager

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