Real Good Technologies, LLC v. Victory Solutions, LLC

Filing 89

Order Adopting Magistrate's Report and Recommendation 85 in its entirety. Plaintiff's Motion for Costs 32 is granted and Defendant is ordered to pay Plaintiffs costs for the missed deposition in the amount of $245.00. Judge Donald C. Nugent 8/10/17(C,KA)

Download PDF
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION REAL GOOD TECHNOLOGIES, LLC, Plaintiff, v. VICTORY SOLUTIONS, LLC, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 1: 17 CV 149 JUDGE DONALD C. NUGENT ORDER ADOPTING MAGISTRATE’S REPORT AND RECOMMENDATION AND ORDER AWARDING COSTS This matter comes before the Court upon the Report and Recommendation of Magistrate Judge Thomas M. Parker (ECF #85) on the Plaintiff’s Motion for Costs for the failure of Defendant’s president, Shannon Burns, to appear for deposition on June 1, 2017.(ECF #32). Magistrate Judge Parker determined that sanctions were appropriate in this situation; recommended that this Court grant Plaintiff’s motion for sanctions; and directed Plaintiff to submit an itemized invoice of the costs of the missed deposition. Magistrate Judge Parker also granted, in part, Plaintiff’s request to order Mr. Burns to appear for deposition in the presence of Magistrate Judge Parker. Judge Parker ordered Mr. Burns to appear for deposition on July 27, 2017, to take place in the chambers of Magistrate Judge Parker, but without the Court’s direct supervision. In accordance with Magistrate Judge Parker’s directive, Plaintiff submitted an invoice from Real Time Reporters in the amount of $245.00 as the costs of the missed deposition. There has been no objection filed in response to the Report and Recommendation. The Court has reviewed de novo the Report and Recommendation, see Ohio Citizen Action v. City of Seven Hills, 35 F. Supp. 2d 575, 577 (N.D. Ohio 1999), and ADOPTS the Report and Recommendation in its entirety. Plaintiff’s Motion for Costs (ECF #32) is GRANTED and Defendant is Ordered to pay Plaintiff’s costs for the missed deposition in the amount of $245.00. IT IS SO ORDERED. /s/Donald C. Nugent DONALD C. NUGENT United States District Judge DATED: August 10, 2017 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?