Matlock v. Ocwen Loan Servicing, LLC

Filing 34

MEMORANDUM AND ORDER: The Court ACCEPTS IN WHOLE the 31 Report and Recommendation. It is ORDERED, for the reasons stated in the Report and Recommendation, which the Court adopts and incorporates into its ruling, that this action shall be DISMISSED, but without prejudice. The trial scheduled for March 3, 2015 is CANCELLED. Defendant's motion in limine 26 is DENIED as moot. Signed by District Judge Pamela L Reeves on 11/19/14. (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

WILLIAM DOUGLAS MATLOCK,
Plaintiff,
v.
OCWEN LOAN SERVICING, LLC,
Defendant.

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) No.: 3:13-CV-420-PLR-HBG
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MEMORANDUM AND ORDER
This matter is before the Court on the Report and Recommendation filed by
United States Magistrate Judge, H. Bruce Guyton [R. 31]. There have been no timely
objections to the Report and Recommendation, and enough time has passed since the
filing of the Report and Recommendation to treat any objections as having been waived.
See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b).
After a careful review of this matter, the Court is in complete agreement with the
Magistrate Judge’s conclusions that the parties’ motions to dismiss [R. 24, 28] be granted
to the extent that this action shall be dismissed, without prejudice, and that prior to the
filing of any new action based on the claims presented herein, that plaintiff pay defendant
$3000 attorney’s fees, and $500 for court reporter fees reasonably incurred in litigating
the discovery disputes in this case.

Accordingly, the Court ACCEPTS IN WHOLE the Report and Recommendation
under 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b).
It is ORDERED, for the reasons stated in the Report and Recommendation,
which the Court adopts and incorporates into its ruling, that:
1.

This action shall be DISMISSED, but without prejudice.

The trial

scheduled for March 3, 2015 is CANCELLED.
2,

As a prerequisite to refiling any action based on the claims presented

herein, plaintiff shall pay to defendant $3000 in attorney’s fees. and $500 in court
reporter costs incurred due to plaintiff’s failure to cooperate in discovery in this case.
3.

Defendant’s motion in limine [R. 26] is DENIED as moot.

Enter:

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UNITED STATES DISTRICT JUDGE

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