Grant et al v. LaFarge North America, Inc et al

Filing 30

ORDER accepting in whole 26 Magistrate Judge Guyton's Report and Recommendation; granting 19 defendants' Motion to Dismiss; dismissing with prejudice plaintiffs' claims against defendants. In addition, the court ORDERS that Plainti ffs pay the reasonable attorney's fees and costs that Defendants incurred in attempting to resolve the discovery disputes. Defendants recently filed an Application for Attorney's Fees 27 , in which they requested $8,887.50. To determine whether the amount requested by Defendants is "reasonable," this issue has been REFERRED to the Honorable H. Bruce Guyton, United States Magistrate Judge. Signed by District Judge Thomas W Phillips on November 17, 2009. (AYB)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE CHRISTOPHER G. GRANT et al., Plaintiffs, v. LAFARGE NORTH AMERICA, INC., et al., Defendants. ) ) ) ) ) ) ) ) )

No. 3:08-cv-332 ( Phillips)

MEMORANDUM AND ORDER On August 21, 2009, the Honorable H. Bruce Guyton, United States Magistrate Judge, filed a nine-page Report and Recommendation ("R&R") [Doc. 26] in which he recommended that Defendants' Motion to Dismiss for Failure to Cooperate in Discovery [Doc. 19] be granted.

Neither party objected to Judge Guyton's R&R [Doc. 26]. There being no timely objections, see 28 U.S.C. § 636(b)(1), and the court being in complete agreement with the magistrate judge, the R&R [Doc. 26] filed by Judge Guyton is hereby ACCEPTED IN WHOLE. Consequently, Defendants' Motion to Dismiss [Doc. 19] is GRANTED, and Plaintiffs' claims against Defendants are DISMISSED WITH PREJUDICE.

In addition, the court ORDERS that Plaintiffs pay the reasonable attorney's fees and costs that Defendants incurred in attempting to resolve the discovery disputes. Fed. R. Civ. 1

P. 37(b)(2)(C) and 37(a)(5). Defendants recently filed an Application for Attorney's Fees [Doc. 27], in which they requested $8,887.50. To determine whether the amount requested by Defendants is "reasonable," this issue has been REFERRED to the Honorable H. Bruce Guyton, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and the Rules of this Court, for disposition or for a report and recommendation as may be appropriate.

IT IS SO ORDERED.

ENTER: s/ Thomas W. Phillips United States District Judge

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