Supragenix v. Garrity

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 28 Motion ; adopting Report and Recommendations re 30 Report and Recommendations. The court finds that Plaintiffis entitled to default judgment against Defendants as well as reasonable expenses including attorney fees and costs. Signed by Judge Clark Waddoups on 1/19/16. (jmr)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION

SUPRAGENIX LLC,
ORDER ADOPTING REPORT AND
Plaintiff,

RECOMMENDATION
Case No. 2:13-cv-142

v.
JAMES GARRITY, et al.,
Defendants.

District Judge Clark Waddoups
Magistrate Judge Brooke Wells

This case arises out of Plaintiff’s Amended Complaint against Defendants for copyright
infringement, false advertising, deceptive trade practices, unjust enrichment, fraud, fraudulent
false marking, and conversion. (Dkt. No. 5). The case was assigned to United States District
Court Judge Clark Waddoups, who referred it to United States Magistrate Judge Brooke Wells
pursuant to 28 U.S.C. § 636(b)(1)(A). (Dkt No. 12).
While the case was proceeding before Judge Wells, Defendants proved unresponsive to
discovery requests and court orders, resulting in Plaintiff filing multiple motions to compel and
for contempt. (Dkt. Nos. 16, 19, 28). Of relevance here, Plaintiff’s second motion for contempt
sought default judgment against Defendants as well as other sanctions. (Dkt. No. 28). When
Defendants did not respond to the motion, Judge Wells issued an order to show cause requiring
Defendants to respond to the motion or face sanctions, including the entry of default. (Dkt. No.
29). Defendants again failed to respond to the show cause order. Accordingly, Judge Wells
issued a Report and Recommendation, in which she recommended this court grant the second
motion for contempt, including issuing dispositive sanctions. (Dkt. No. 30). Defendants did not
file an objection to the Report and Recommendation.

The court has reviewed the Report and Recommendation de novo, and agrees with Judge
Wells’s thoughtful analysis on this issue. See Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir.
1991) (recognizing that in the absence of a timely objection, the court has the discretion to
consider a report and recommendation de novo). Therefore, the court APPROVES and ADOPTS
the Report and Recommendation and GRANTS Plaintiff’s second motion for contempt (Dkt. No.
28). For the reasons explained in the Report and Recommendation, the court finds that Plaintiff
is entitled to default judgment against Defendants as well as reasonable expenses including
attorney fees and costs.
SO ORDERED this 19th day of January, 2016.
BY THE COURT:
______________________________
Clark Waddoups
United States District Court Judge

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