METCALF et al v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. et al

Filing 256

ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that 254 Chief Magistrate Judge Schwab's Report and Recommendation is adopted; Mr. Kennerly shall pay Defendants' counsel fees in the amount of $22,510.50; 255 Motion to Withdraw as Attorney is granted. Signed by Honorable Matthew W. Brann on 11/15/18. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

No. 4:11-CV-00127

LINDA METCALF, et al.,

(Judge Brann)

Plaintiffs,

(Chief Magistrate Judge Schwab)

v.
MERRILL LYNCH, PIERCE,
FENNER & SMITH, INC., et al.,
Defendants.
ORDER

NOVEMBER 15, 2018
On October 31, 2018, Chief Magistrate Judge Susan E. Schwab issued a
Report and Recommendation, ECF No. 254, recommending that this Court
sanction Plaintiffs’ counsel Maxwell S. Kennerly in the amount of $22,510.50.
Mr. Kennerly did not object to that recommendation.
This Court has reviewed the Report and Recommendation and finds that
“there is no clear error on the face of the record”1 and that the sanctions are
justified for the reasons stated by Chief Magistrate Judge Schwab. Therefore, IT
IS HEREBY ORDERED that:
1.

Chief Magistrate Judge Schwab’s Report and Recommendation, ECF No.
254, is ADOPTED IN ITS ENTIRETY.

1

Univac Dental Co. v. Dentsply Intern., Inc., 702 F. Supp. 2d 465, 469 (M.D. Pa. 2010).

2.

Mr. Kennerly SHALL PAY Defendants’ counsel fees in the amount of
$22,510.50.

3.

The Motion to Withdraw as Counsel filed by Kimberly Spangler-Loutey,
ECF No. 255, is GRANTED.
BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge