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)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

REAL GOOD TECHNOLOGIES, LLC,
Plaintiff,
v.

VICTORY SOLUTIONS, LLC,
Defendant.

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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

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