Kennedy v. Allstate Insurance Company

Filing 48

ORDER Adopting 46 Report and Recommendation re 21 Motion to Dismiss filed by Allstate Insurance Company; Imposing Sanctions, and Dismissing with prejudice. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LEON KENNEDY,
Plaintiff,

Case No. 17-11867

v.

Honorable John Corbett O’Meara

ALLSTATE INSURANCE COMPANY,
Defendant.
/
ORDER ADOPTING MAGISTRATE JUDGE PATTI’S
MAY 23, 2018 REPORT AND RECOMMENDATION,
IMPOSING SANCTIONS AND DISMISSING CASE WITH PREJUDICE
The court, pursuant to Rule 72(b) of the Federal Rules of Civil Procedure, 28
U.S.C. § 636(b)(1)(B), and LR 72.1(E.D. Mich. March 1, 2010), has reviewed
Magistrate Judge Anthony P. Patti’s May 23, 2018 Report and Recommendation.
Plaintiff did not file an objection to it; however, Defendant filed a concurrence to the
Report and Recommendation June 1, 2018.
After conducting a de novo review, the court hereby ORDERS that Magistrate
Judge Patti's thorough and well-supported Report and Recommendation is
ADOPTED in its entirety.
It is further ORDERED that THOMAS QUARTZ, Plaintiff’s former counsel,
is SANCTIONED in the amount of $7,500.00, which is to be paid to the Clerk of the
Court within 30 days of this order.
It is further ORDERED that THOMAS QUARTZ, Plaintiff’s former counsel,
is ORDERED TO CERTIFY AND ATTACH PROOF OF HIS ATTENDANCE

at the Eastern District of Michigan Chapter of the Federal Bar Association’s next
seminar for new attorneys, held annually in this court each December, before he may
appear in any additional cases before this court.
It is further ORDERED that defendant Allstate Insurance Company’s motion to
dismiss is GRANTED; that the matter is DISMISSED WITH PREJUDICE; and
that Defendant is AWARDED its costs and attorney’s fees incurred with having to
bring the motion to dismiss, an amount separate and apart from any other sanctions
awarded by this court.
It is further ORDERED that a copy of this order be SERVED by mail upon
THOMAS QUARTZ, Plaintiff’s former counsel, as he is no longer counsel of record
in this case.

s/John Corbett O'Meara
United States District Judge
Date: June 14, 2018
I hereby certify that a copy of the foregoing document was served upon the
parties of record on this date, June 14, 2018, using the ECF system and/or ordinary
mail.
s/William Barkholz
Case Manager

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