GRADILLAS COURT REPORTERS, INC. v. CHERRY BEKAERT, LLP et al

Filing 98

FINAL ORDER. The Court ADOPTS AND APPROVES IN FULL 89 Report and Recommendation. Plaintiffs objections are OVERRULED, Defendants' objection is OVERRULED, and Defendants' 62 Motion for Summary Judgment is GRANTED. Defendants' 85 Motion to Strike is DENIED AS MOOT. Plaintiff's suit is DISMISSED WITH PREJUDICE as to all counts. Signed by District Judge Rebecca Beach Smith on 12/14/18. (bpet, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

Norfolk Division

GRADILLAS COURT REPORTERS, INC.,
Plaintiff,
V.

CIVIL ACTION NO. 2:17cv597

CHERRY BEKAERT, LLP, et al.,
Defendants.

FINAL ORDER

This matter comes before the court on the parties' Objections

to the United States Magistrate Judge's Report and Recommendation
C'R&R"). Cherry Bekaert, LLP, and Sara Crabtree ('"Defendants")

filed a Motion for Summary Judgment ("Motion") and accompanying

Memorandum

in

Support,

on

July 17,

2018.

EOF

Nos. 62, 63.

Gradillas Court Reporters, Inc. ("Plaintiff") filed a Memorandum

in Opposition on July 31, 2018, EOF No. 64, and Defendants filed
a Reply on August 6, 2018, EOF No. 70. On August 7, 2018, this
court referred the Motion to United States Magistrate Judge Robert

J. Krask, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B)
and Federal Rule of Civil Procedure 72(b), to conduct hearings,

including evidentiary hearings, if necessary, and to submit to the

undersigned

district

judge

proposed

findings

of

fact,

if

applicable, and recommendations for disposition of the Motion. ECF
No. 71.

A hearing was held on October 16, 2018, and the Magistrate
Judge filed the R&R on Defendants' Motion on November 6, 2018. EOF
No. 89. The R&R recommends that Defendants' Motion be granted. R&R

at 34. The parties were advised of their right to file written
objections

to

Magistrate

Judge.

November 20,

the

findings

Id.

2018.

and

at 34-35.

EOF

recommendations

Plaintiff filed

No. 94,

and

Defendants

made

by

the

Objections

on

responded

to

Plaintiff's Objections on December 4, 2018, EOF No. 97. Defendants
filed an Objection on November 20, 2018, EOF No. 95, and Plaintiff
responded

to

Defendants'

Objection

on

December 4,

2018,

EOF

No. 96.

Pursuant

to

Rule

72(b)

of

the

Federal

Rules

of

Civil

Procedure, the court, having reviewed the record in its entirety,

shall make a ^ novo determination of those portions of the R&R to
which the parties have specifically objected. Fed. R. Civ. P.
72(b). The court may accept, reject or modify, in whole or in part,
the recommendation of the magistrate judge, or recommit the matter
to him with instructions. 28 U.S.C. § 636(b)(1).

The court, having examined the parties' Objections to the

R&R, and having made ^ novo findings with respect thereto, ADOPTS
AND APPROVES IN FULL the findings and recommendations set forth in
the R&R of the United States Magistrate Judge, filed on November 6,
2018.

ECF

OVERRULED,

No.

89.

Defendants'

Accordingly,

Objection

Plaintiff's

is OVERRULED,

Objections

and

are

Defendants'

Motion for Summary Judgment is GRANTED. Because the court concludes
that

Defendants

are

entitled

to

summary

judgment,

Defendants'

Motion to Strike Expert Reports of Wilson, Ritter, and Schulze,
and to Preclude their Testimony at Trial, ECF No. 85, is DENIED AS
MOOT.

Plaintiff's

suit

is

DISMISSED

WITH

PREJUDICE

as

to

all

counts. The Clerk shall enter final judgment in favor of Defendants
in accordance with this Final Order.

The Clerk is DIRECTED to send a copy of this Order to counsel
for all parties.
IT IS SO ORDERED.

M

Rebecca Beach Smith

United States District Judge
REBECCA BEACH SMITH
DISTRICT

December

2018

JUDGE