White et al v. Hlavaty et al
Filing
94
ORDER OF DISMISSAL - The Findings and Recommendation of the magistrate judge, Filing No. 92 , is adopted in its entirety. The case is dismissed against Troy Hlavaty as personal representative of the estate of Tamara S. Hlavaty and Grand Island Radiology Associates, and the Court will enter a separate judgment. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
8:20-cv-00207-JFB-MDN Doc # 94 Filed: 05/10/22 Page 1 of 2 - Page ID # 1051
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
YVONNE L. WHITE, Individually and as
Wife and Husband; and ROSCOE NIXON,
Individually and as Wife and Husband;
8:20CV207
Plaintiffs,
ORDER OF DISMISSAL
vs.
GRAND ISLAND RADIOLOGY
ASSOCIATES, P.C., A Nebraska
Corporation; and TROY E. HLAVATY,
Personal Representative of the Estate of
Tamara S. Hlavaty, MD, deceased;
Defendants.
This matter comes before the Court on the Findings and Recommendation of
Magistrate Judge Nelson recommending dismissal of plaintiffs Yvonne L. White and
Roscoe Nixon’s claims against Troy Hlavaty as personal representative of the estate of
Tamara S. Hlavaty and Grand Island Radiology Associates as a discovery sanction.
Filing No. 92.
No party objected to the Findings and Recommendation. As set forth in greater
detail in the magistrate judge’s order, the plaintiffs have repeatedly failed to supplement
written discovery despite numerous court orders. Filing No. 92 at 3. Pursuant to NECivR
72.2 and 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of the
record and agrees with the magistrate judge that dismissal of the action is the appropriate
sanction under Fed. R. Civ. P. 37(b)(2)(A)(v). The Court adopts the Findings and
Recommendation in its entirety and dismisses the action against Troy Hlavaty as personal
representative of the estate of Tamara S. Hlavaty and Grand Island Radiology
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8:20-cv-00207-JFB-MDN Doc # 94 Filed: 05/10/22 Page 2 of 2 - Page ID # 1052
Associates. The Court previously issued an order dismissing the action against the other
defendants, Filing No. 93, and thus this order terminates the action.
IT IS ORDERED:
1. The Findings and Recommendation of the magistrate judge, Filing No. 92, is
adopted in its entirety; and
2. The case is dismissed against Troy Hlavaty as personal representative of the
estate of Tamara S. Hlavaty and Grand Island Radiology Associates, and the Court
will enter a separate judgment.
Dated this 10th day of May, 2022.
BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge
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