Wells Fargo Bank, N.A. v. Wasserman et al

Filing 53

ORDER ADOPTING REPORT AND RECOMMENDATIONS 33 Motion for Default Judgment filed by Wells Fargo Bank, N.A., 50 Report and Recommendations, 35 Motion for Default Judgment filed by Wells Fargo Bank, N.A. So Ordered by Judge William E. Smith on 9/1/2011. (Urizandi, Nisshy)

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
_____________________________________
)
WELLS FARGO BANK, N.A., as Trustee
)
For the Holders of Bank of America
)
Commercial Mortgage Inc. Commercial )
Mortgage Pass-Through Certificates, )
Series 2004-4, by and through its
)
special servicer, ORIX CAPITAL
)
MARKETS, LLC,
)
Plaintiff,
)
v.
)
C.A. No. 10-61 S
)
BERNARD WASSERMAN, DAVID WASSERMAN, )
and RICHARD WASSERMAN,
)
Defendants.
)
_____________________________________ )
ORDER
The Report and Recommendation of United States Magistrate
Judge David L. Martin filed on July 15, 2011 (hereinafter “R &
R,” ECF No. 50) in the above-captioned matter is hereby accepted
pursuant

to

Title

28

United

States

Code

§

636(b)(1).

No

objection to the R&R has been filed.
Plaintiff’s Motion for Contempt, for Default Judgment and
Dismissal

for

Failure

to

Comply

with

Court

Order

and

for

Attorneys’ Fees (“First Motion for Contempt,” ECF No. 33) and
Plaintiff’s Motion for Contempt and Entry of Default Judgment
for Failure to Comply with Court Order Regarding Order to Compel
Supplemental Responses to Second Request for Production and for
Attorneys’ Fees (“Second Motion for Contempt,” ECF No. 35) will
be treated as motions for sanctions pursuant to Fed. R. Civ. P.

37(b)(2)(C) and are hereby GRANTED for the reasons stated in
Magistrate Judge Martin’s July 15, 2011 R & R.

Accordingly, the

Court imposes the following sanctions:
1.

For the violation of Defendants’ discovery obligations
addressed by the First Motion for Contempt (ECF No.
33), Defendants’ Counterclaim is hereby DISMISSED.

2.

For the violation addressed by the Second Motion for
Contempt (ECF No. 35), Defendants are precluded from
introducing or referring to any evidence, documents,
or communications with or from Koffler Real Estate,
LLC, or any affiliate thereof, regarding the purchase
of 200 Frenchtown Road, North Kingstown, Rhode Island,
in

support

of

their

Fifth

and

Eleventh

Affirmative

Defenses, as explained in further detail in the R & R
dated July 15, 2011.

2

With respect to the award of attorney’s fees recommended by
Magistrate Judge Martin’s July 15, 2011 R & R, the Court directs
the Trustee to submit a proposed order detailing the attorney’s
fees

incurred

in

bringing

the

Contempt (ECF Nos. 33 & 35).

IT IS SO ORDERED:

/s/ William E. Smith
William E. Smith
United States District Judge
Date: September 1, 2011

3

First

and

Second

Motions

for