v. LOCHNER et al

Filing 114

ORDERED that the # 107 Magistrate Judge's Report and Recommendation, is adopted and accepted, and therefore IT IS ORDERED that Ps' # 86 Motion to Compel Responses to Discovery and for Discovery Sanctions is GRANTED; FURTHER ORDERED that Ps shall be awarded their attorneys fees and costs for the expenses incurred in having to bring the motion to compel and for sanctions; FURTHER ORDERED that Ps shall file a statement of attorney's fees and costs by 7/14/2011 and Ds shall have le ave to respond within 10 days from receipt of Ps' statement of attorneys fees and costs; FURTHER ORDERED that judgment shall be entered against Mr. Locher and Ms. McIntire, which judgment shall include approved costs and attorney's fees. Signed by Judge Larry R. Hicks on 6/29/2011. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 ***** 9 10 11 12 13 GUY WILLIAMS, et al., ) ) Plaintiffs, ) ) v. ) ) CHRISTIAN EDUARD LOCHER, et al., ) ) Defendants. ) _____________________________________ ) 3:10-cv-00264-LRH-VPC ORDER 14 15 Before this Court is the Report and Recommendation of U.S. Magistrate Judge Valerie P. 16 Cooke (#1071) entered on March 21, 2011, recommending granting Plaintiffs’ Motion to Compel 17 Response to Discovery and for Discovery Sanctions (#86) filed on January 4, 2011; awarding Plaintiffs 18 attorney’s fees and costs for the expenses incurred in having to bring the motion to compel and for 19 sanctions; setting a briefing schedule regarding a statement of attorney’s fees; and entering judgment 20 against Mr. Locher and Ms. McIntire. Defendants filed their Objection to Report and Recommendation 21 of U.S. Magistrate Judge (#112) on April 7, 2011, and Plaintiffs filed their Response to Defendants’ 22 Objection to Report and Recommendation of U.S. Magistrate Judge on April 25, 2011 (#113). The 23 action was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)B and Local Rule 1B 1-4 24 of the Rules of Practice of the United States District Court for the District of Nevada. 25 26 1 Refers to court’s docket number. 1 The Court has conducted its de novo review in this case, has fully considered the objections, 2 response to objections, pleadings and memoranda of the parties and other relevant matters of record 3 pursuant to 28 U.S.C. § 636 (b) (1) (B) and Local Rule IB 3-2. The Court determines that the 4 Magistrate Judge’s Report and Recommendation (#107) entered on March 21, 2011, should be adopted 5 and accepted. 6 7 8 9 10 11 IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation (#107) entered on March 21, 2011, is adopted and accepted, and therefore IT IS ORDERED that Plaintiffs’ Motion to Compel Responses to Discovery and for Discovery Sanctions (#86) is GRANTED; IT IS FURTHER ORDERED that Plaintiffs shall be awarded their attorney’s fees and costs for the expenses incurred in having to bring the motion to compel and for sanctions; 12 IT IS FURTHER ORDERED that Plaintiffs shall file a statement of attorney’s fees and costs 13 pursuant to LR 54-16 within fifteen days from the date of this order and Defendants shall have leave 14 to respond within ten days from receipt of Plaintiffs’ statement of attorney’s fees and costs; 15 16 IT IS FURTHER ORDERED that judgment shall be entered against Mr. Locher and Ms. McIntire, which judgment shall include approved costs and attorney’s fees. 17 IT IS SO ORDERED. 18 DATED this 29th day of June, 2011. 19 20 21 22 _______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 23 24 25 26 2

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