Carson-Moore v. Martin et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION 17 ; dismissing plaintiff's complaint; granting in part and denying in part defendant's motion for Rule 37 sanctions 16 ; defendant to file appropriate motion related to attorney fees and costs within 21 days; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SHAUN NICHOLAS CARSON-MOORE,
Plaintiff,
Case No.: 1:16-cv-470
v.
HONORABLE PAUL L. MALONEY

PAUL MARTIN,
Defendant.
/
ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation filed by United States Magistrate
Judge Phillip J. Green in this action (ECF No. 17). The Report and Recommendation was duly
served on the parties. No objections have been filed.
ACCORDINGLY, the Report and Recommendation is hereby adopted as the opinion of the
Court.
THEREFORE, IT IS ORDERED that Plaintiff's complaint is DISMISSED for the reasons
stated in the Report and Recommendation.
IT IS FURTHER ORDERED that Defendant's motion for Rule 37 sanctions (ECF No. 16)
is GRANTED IN PART AND DENIED IN PART. Defendant is entitled to reasonable attorney fees
and costs related to plaintiff's failure to appear for his deposition. The remainder of Defendant's
motion is DENIED. Defendant shall file an appropriate motion related to attorney fees and costs
within 21 days of the date of this order.

Dated: August 24, 2017

/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge