Bryant v. Wilson et al

Filing 30

ORDER adopting 29 Report and Recommendation. Signed by District Judge Arthur J. Tarnow. (MLan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KSANDRA BRYANT,
Case No. 15-10207
Plaintiff,
SENIOR U.S. DISTRICT JUDGE
ARTHUR J. TARNOW

v.
STEPHEN WILSON, ET AL.,

U.S. MAGISTRATE JUDGE
MONA K. MAJZOUB

Defendants.
/

ORDER ADOPTING REPORT AND RECOMMENDATION [29] AND DIRECTING
PLAINTIFF’S COUNSEL TO PAY DEFENDANTS REASONABLE COSTS INCURRED IN
FILING DISCOVERY MOTIONS

On March 4, 2015, Defendants filed a Motion for HIPAA Authorization and
Protective Order [Dkt. #13]. On June 9, 2015, Defendants filed a Motion to
Compel [21]. On August 14, 2015, the Magistrate Judge issued an Order [24]
granting both motions, finding Defendants entitled under Federal Rule of Civil
Procedure 37 to an award of reasonable costs incurred in filing the motions, and
directing Defendants to submit a bill of costs. Plaintiff did not appeal this Order.
Defendants submitted a bill of costs on September 4, 2015. On October 5, 2015,
the Magistrate Judge issued a Report and Recommendation [29] recommending
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that the Court award Defendants $2,225 in reasonable costs incurred in filing the
discovery motions. Plaintiff filed no objection to the Report and Recommendation.
The Court having reviewed the record, the Report and Recommendation is
hereby ADOPTED and entered as the findings and conclusions of the Court, with
the following exception: the Report and Recommendation recommended an award
“payable by Plaintiff and Plaintiff’s counsel.” The record suggests that it was the
conduct of Plaintiff’s counsel, rather than the conduct of Plaintiff herself, that
necessitated the filing of Defendants’ discovery motions. The Court will therefore
make the award payable only by Plaintiff’s counsel.
Accordingly,
IT IS ORDERED that Plaintiff’s counsel will pay Defendants $2,225 in
reasonable costs incurred in filing Defendants’ discovery motions [13, 21].
SO ORDERED.

Dated: October 26, 2015

s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge

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