Towbin v. Empire Suzuki et al

Filing 38

ORDER REGARDING REPORT AND RECOMMENDATIONS Accepting and Adopting 37 Report and Recommendation, Granting 34 MOTION for Sanctions re Discovery Plaintiff's Motion for Sanctions filed by Josh Towbin. Defendants pleadings are stricken a nd judgment entered on behalf of Plaintiff as follows: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff takejudgment against Defendants Empire Suzuki and Tom Georgalis, and each of them, as follows: As and for payment for work performed: � 36;281,500. Plus interest as provided by NRS 99.040. As and for attorneys fees in the amount of $21,263.50. And costs as provided by law. Signed by Chief Judge Roger L. Hunt on 3/25/2010. (Copies have been distributed pursuant to the NEF - SD)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Before this Court is the Report of Findings and Recommendation of United States Magistrate Judge (#37, filed February 19, 2010), entered by the Honorable Peggy A. Leen, regarding Plaintiff's Motion for Sanctions re: Discovery (#34, filed November 12, 2009), and the Court's Order to Show Cause (#36, issued December 22, 2009). No objection was filed to Magistrate Judge Leen's Report of Findings and Recommendation in accordance with Local Rule IB 3-2 of the Rules of Practice of the United States District Court for the District of Nevada, and the matter was submitted for consideration. The Court has conducted a de novo review of the record in this case in accordance with 28 U.S.C. §636(b)(1)(B) and (C) and Local Rule IB 3-2 and determines that the Report of Findings and Recommendation of Magistrate Judge Leen should be accepted and adopted. IT IS THEREFORE ORDERED that Magistrate Judge's Report of Findings and Recommendation (#37, entered February 19, 2010) is ACCEPTED and ADOPTED, Plaintiff's Motion for Sanctions is granted and Defendants' pleadings are stricken and judgment entered on behalf of Plaintiff as follows: 1 JOSH TOWBIN, ) ) Plaintiff(s), ) ) vs. ) ) EMPIRE SUZUKI, et al., ) ) Defendant(s). ) ____________________________________)

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
***

2:08-cv-1719-RLH-PAL ORDER

1 2 3 4 5 2. 6 3. 7 8 Dated: March 25, 2010. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 And costs as provided by law.

JUDGMENT IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff take judgment against Defendants Empire Suzuki and Tom Georgalis, and each of them, as follows: 1. As and for payment for work performed: Plus interest as provided by NRS 99.040 As and for attorneys' fees in the amount of $281,500 $21,263.50

_________________________________ ROGER L. HUNT Chief U.S. District Judge

2