Dyer, III v. LJ Ross Associates, Inc.

Filing 13

ORDER accepting 12 Magistrate Judge's Report and Recommendation. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
STAFFORD DYER, III,
Plaintiff,
Case No. 16-CV-13660
vs.
HON. GEORGE CARAM STEEH
LJ ROSS ASSOCIATES, INC.,
Defendants.
_____________________________/
ORDER ACCEPTING MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATION [DOC. 12]
This matter is before the court on Magistrate Judge Patti’s Report and
Recommendation to Dismiss for Failure to Prosecute and Award Costs and
Attorney Fees to Defendant. On March 23, 2017, Magistrate Judge Patti
granted defendant’s unopposed motion to compel, ordering that plaintiff
provide responses to defendant’s written discovery, appear for his
deposition, and appear for a show-cause hearing. Plaintiff did not comply
with any of these requirements, though he admitted to defendant’s counsel
that he received a copy of the court’s order. Ultimately, the Magistrate
Judge found that plaintiff has not participated in any discovery in this matter
since its inception on October 14, 2016. Despite being warned that failure
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to appear for his deposition and provide responses to written discovery
could result in a dismissal for failure to prosecute, plaintiff failed to do so.
Despite acknowledging receipt of the court’s order to show cause, plaintiff
did not appear at the show cause hearing.
Magistrate Judge Patti recommends that the court dismiss plaintiff’s
action without prejudice under Rule 41(b) and E.D. Mich. LR 41.2. He
further recommends that plaintiff pay defendant’s reasonable costs and
attorney fees in the amount of $2,116.00, pursuant to Rule 37. Finally,
Magistrate Judge Patti recommends that plaintiff be prohibited from re-filing
his claims against defendant unless and until the fees and costs have been
paid in full.
The matter is presently before the court on Magistrate Judge Patti’s
report and recommendation, to which plaintiff has not filed objections within
the established time period. The court has reviewed the file, record, and
Magistrate Judge's report and recommendation.
The court agrees with the analysis conducted by the Magistrate
Judge, and therefore accepts his recommendation in its entirety.
IT IS HEREBY ORDERED that plaintiff’s action is DISMISSED
without prejudice for failure to prosecute.
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IT IS HEREBY FURTHER ORDERED that plaintiff pay costs and
attorney fees to defendant in the amount of $2,116.00.
Dated: May 23, 2017
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
May 23, 2017, by electronic and/or ordinary mail and also on
Stafford Dyer, III, 14735 Dexter Ave, Apt 6, Detroit, MI 48238.
s/Barbara Radke
Deputy Clerk

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