Nasser v. WhitePages, Inc.

Filing 81

ORDER granting in part and denying in part 56 BILL OF COSTS in the amount of $350.00; denying 58 Motion to Dismiss; denying 64 Motion Expenses to Litigate this Matter from 4/21/2010 till 2/4/2014; denying 70 Motion for the U.S. District Court to Refer this Matter to the Supreme Court of Virginia; adopting 73 Report and Recommendations. Signed by District Judge Michael F. Urbanski on 4/24/2014. (jat)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA HARRISONBURG DIVISION MICHAEL J. NASSER, SR., Plaintiff, v. WHITEPAGES, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No.: 5:12cv00097 By: Hon. Michael F. Urbanski United States District Judge ORDER This matter was referred to the Honorable Joel C. Hoppe, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1)(B), for proposed findings of fact and a recommended disposition as to all dispositive motions. Dkt. No. 67. The Magistrate Judge filed a report and recommendation on April 1, 2014. In the report and recommendation, the Magistrate Judge addresses defendant WhitePages, Inc.’s (“WhitePages”) bill of costs, Dkt. No. 56, pro se plaintiff Michael J. Nasser’s motion to dismiss the bill of costs, Dkt. No. 58, Nasser’s own motion to recover his litigation expenses in this case, Dkt. No. 64, and Nasser’s motion to certify three questions to the Supreme Court of Virginia. Dkt. No. 70. The Magistrate Judge recommended that the court rule as follows: 1. GRANT in part and DENY in part WhitePages’s bill of costs, Dkt. No. 56, and award WhitePages costs in the amount of $350.00; 2. DENY Nasser’s motion to dismiss the bill of costs, Dkt. No. 58; 3. DENY Nasser’s motion to recover his own litigation expenses, Dkt. No. 64.; and 4. DENY Nasser’s motion to certify three questions to the Supreme Court of Virginia. Dkt. No. 70. No objections to the report and recommendation have been filed, and the court is of the opinion that the report and recommendation should be adopted in toto. It is accordingly ORDERED and ADJUDGED that that the report and recommendation, Dkt. No. 73, is ADOPTED in its entirety by the court. The Clerk is directed to send a certified copy of this Order to the pro se plaintiff and to all counsel of record. Entered: April 24, 2014 /s/ Michael F. Urbanski Michael F. Urbanski United States District Judge 2

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