Davis v. Ak-Sar-Ben Village, L.L.C.

Filing 108

ORDER - The Findings and Recommendation of the magistrate judge, Filing No. 106 , is adopted in its entirety. The Defendant's Second Motion for Fed. R. Civ. P. 37 relief, Filing No. 103 , is granted. This case is dismissed pursuant to Fed. R. Civ. P. 37(b)(2)(A)(v). A separate judgment will be entered in accordance with this Order. Ordered by Senior Judge Joseph F. Bataillon. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MELANIE DAVIS,
Plaintiff,

8:18CV101

vs.
ORDER
AK-SAR-BEN VILLAGE, L.L.C,
Defendant.

Defendant Ak-Sar-Ben Village, L.L.C., has filed a motion for sanctions, to include
dismissal of the above-captioned action, for Plaintiff’s repeated failure to comply with
Court ordered discovery. Filing No. 103.

Before the Court is the Findings and

Recommendation (“F&R”) of United States Magistrate Judge Zwart, Filing No. 106. No
objection has been filed to the F&R.

Pursuant to NECivR 72.3 and 28 U.S.C.

§ 636(b)(1)(C), the Court has carefully conducted a de novo review of the record.
A district court reviews de novo those portions of a magistrate’s order that are
objected to by a party. Grinder v. Gammon, 73 F.3d 793, 792 (8th Cir. 1996). “A judge
of the court may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge. The judge may also receive further
evidence or recommit the matter to the magistrate judge with instructions.” 28 U.S.C.
§ 636(b)(1)(C). A district court may reconsider a magistrate judge's ruling where it has
been shown that the ruling is clearly erroneous or contrary to law. Ferguson v. United
States, 484 F.3d 1068, 1076 (8th Cir. 2007) (citing 28 U.S.C. § 636(b)(1)(A)).
The Court has carefully reviewed the findings and recommendation of the
magistrate order. The Court concludes that the magistrate’s determinations are correct

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as a matter of law and fact and not clearly erroneous. The Court will adopt the F&R in its
entirety.
THEREFORE, IT IS HEREBY ORDERED that:
1. The Findings and Recommendation of the magistrate judge, Filing No. 106, is
adopted in its entirety.
2. The Defendant’s Second Motion for Fed. R. Civ. P. 37 relief, Filing No. 103, is
granted.
3. This case is dismissed pursuant to Fed. R. Civ. P. 37(b)(2)(A)(v).
4. A separate judgment will be entered in accordance with this Order.

Dated this 18th day of September, 2020.

BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge

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