Edeh v. D. Scott Carruthers Attorneys at Law et al

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATION AND FOR BENCH WARRANT; adopting 42 Report and Recommendation; granting 35 Motion for Contempt; commanding U.S. Marshal to arrest and detain Defendant Dennis Scott Carruthers; directing. (Written Opinion). Signed by Judge Richard H. Kyle on 10/11/11. (kll)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Samuel Edeh,
Plaintiff,
Civ. No. 10-2860 (RHK/JSM)
ORDER ADOPTING REPORT
AND RECOMMENDATION
AND FOR BENCH WARRANT
v.
D. Scott Carruthers Attorneys at Law a/k/a
D. Scott Carruthers and Associates, LLC, and
Dennis Scott Carruthers individually,
Defendants.

This matter is before the Court on the September 20, 2011 Report and
Recommendation of Magistrate Judge Janie S. Mayeron (Doc. No. 42) (the “R&R”). In the
R&R, Judge Mayeron recommended that Plaintiff’s Motion for Contempt be granted and
that the Court issue a bench warrant for the arrest of Defendant Dennis Scott Carruthers, in
order to compel his compliance with the Court’s June 20, 2011 Order (Doc. No. 34)
regarding post-judgment discovery. No Objections to the R&R have been filed.
Having carefully considered the R&R, the undersigned agrees with the Magistrate
Judge that Carruthers is in contempt of Court and that no sanction short of his arrest will be
effective in compelling compliance with the Court’s Order for post-judgment discovery.
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
ORDERED:
1.

The R&R (Doc. No. 42) is ADOPTED in its entirety;

2.

Plaintiff’s Motion for Contempt (Doc. No. 35) is GRANTED, and Carruthers

is HELD IN CONTEMPT of the Court’s June 20, 2011 Order commanding him to
respond to post-judgment discovery; and
3.

The United States Marshal is COMMANDED to arrest Defendant Dennis

Scott Carruthers and bring him before United States Magistrate Judge Janie S. Mayeron to
address his failure to comply with this Court’s previous Order regarding post-judgment
discovery (Doc. No. 34). The United States Marshal is further COMMANDED to detain
Carruthers until he purges his contempt by complying with that Order. The Clerk of the
Court is DIRECTED to issue any process necessary to effectuate this bench warrant.

Dated: October 11, 2011

s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge

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