Butowsky v. Folkenflik et al

Filing 208

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. It is ORDERED that Defendants Motion for Sanctions Pursuant to Rule 11 for Violations Committed by Plaintiff and His Counsel (Dkt. # 96 ) is DENIED. Signed by District Judge Amos L. Mazzant, III on 9/21/2020. (rpc, )

Case 4:18-cv-00442-ALM-CMC Document 208 Filed 09/21/20 Page 1 of 2 PageID #: 9834

IN THE UNITED STATES DISTRICT COURT
OF THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
EDWARD BUTOWSKY
V.
DAVID FOLKENFLIK, ET AL.

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Civil Action No. 4:18CV442
Judge Mazzant/Magistrate Judge Craven

ORDER ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. § 636. On September 1, 2020, the
Magistrate Judge issued a Report and Recommendation on Defendants’ Rule 11 Motion for
Sanctions and Order on Plaintiff’s Motion for Leave to File (“Report and Recommendation”),
recommending Defendants’ Motion for Sanctions Pursuant to Rule 11 for Violations Committed by
Plaintiff and His Counsel (Dkt. #96) be DENIED. The Magistrate Judge also granted Plaintiff’s
Motion for Leave to File Third Amended Complaint (Dkt. #98).
As noted in the Report and Recommendation, failure to file written objections to the
proposed findings and recommendations contained in the Report within fourteen days after service
bars an aggrieved party from de novo review by the district court of those proposed findings and
recommendations and from appellate review of factual findings accepted or adopted by the district
court except on grounds of plain error or manifest injustice. Dkt. # 201 at pp. 52-53. Additionally,
in a September 10, 2020 Order staying these proceedings for forty-five days with four exceptions,
the Magistrate Judge specifically advised the parties that any objections to the Report and
Recommendation were to be filed on or before September 15, 2020. Dkt. #205 at p. 2.
To date, no objections have been filed to the 53-page Report and Recommendation. Even so,

Case 4:18-cv-00442-ALM-CMC Document 208 Filed 09/21/20 Page 2 of 2 PageID #: 9835

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the Court has carefully reviewed the Report and Recommendation and hereby adopts the Report of
the United States Magistrate Judge as the findings and conclusions of this Court. Accordingly, it is
ORDERED that Defendants’ Motion for Sanctions Pursuant to Rule 11 for Violations
Committed by Plaintiff and His Counsel (Dkt. #96) is DENIED.

SIGNED this 21st day of September, 2020.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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