American Book Company v. Consolidated Group of Companies, Inc. et al

Filing 109

ORDER that the Court ACCEPTS IN WHOLE the Report and Recommendation 98 and hereby GRANTS plaintiff's Renewed Motion 95 for Sanctions for Defendants' Continued Refusal to Submit to Deposition Discovery in Contempt of th e February 7, 2011 Memorandum and Order. The Defendants' counterclaims are dismissed and defendants are precluded from asserting any of their affirmative defenses in this matter, and AWARDS plaintiff $1,634.50 in monetary sanctions. Signed by District Judge Thomas A Varlan on 3/31/11. (C/M to Chris Hinn) (ABF)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE AMERICAN BOOK COMPANY, Plaintiff/Counter-Defendant, v. CONSOLIDATED GROUP OF COMPANIES, INC., Defendant/Counter-Plaintiff, and CHRIS HINN, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No.:

3:09-CV-112 (VARLAN/GUYTON)

ORDER This matter is before the Court on the Report and Recommendation ("R&R") filed by United States Magistrate Judge H. Bruce Guyton on March 9, 2011 [Doc. 98]. There have been no timely objections to the R&R, and enough time has passed since the filing of the R&R to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). After careful review of the matter, the Court is in agreement with Magistrate Judge Guyton's recommendations, which the Court adopts and incorporates into its ruling. The Court ACCEPTS IN WHOLE the Report and Recommendation [Doc. 98] and hereby GRANTS plaintiff's Renewed Motion for Sanctions for Defendants' Continued Refusal to

Submit to Deposition Discovery in Contempt of the February 7, 2011 Memorandum and Order [Doc. 95], ORDERS that the defendants' counterclaims are dismissed and that the defendants are precluded from asserting any of their affirmative defenses in this matter, and AWARDS plaintiff $1,634.50 in monetary sanctions. IT IS SO ORDERED.

s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE

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