Summary
finding "consideration of lesser sanctions is no longer appropriate," in part, because the court's order to "cooperate with discovery was tantamount to an order compelling discovery"
Summary of this case from Sec'y Solis v. Healthy Solutions Homehealth, LLCOpinion
CASE NO. 5:12 CV 997
02-14-2013
Brian A. Bash, Trustee, Plaintiff, v. Jeffrey W. Osler, et al., Defendant.
JUDGE PATRICIA A. GAUGHAN
Memorandum of Opinion and Order
INTRODUCTION
This matter is before the Court upon the Report and Recommendation ("R&R") of Bankruptcy Judge Marilyn Shea-Stonum recommending that Plaintiff's Motion for Sanctions in the Form of a Default Judgment Against Defendants Dana Osler and Geist Sports Academy, LLC be Granted (Doc. 25). No objections have been filed. For the reasons that follow, the R&R is ACCEPTED.
DECISION
In that no objections have been filed, the Court will review the R&R for clear error. Having done so, and finding no clear error, the Court ACCEPTS the R&R and finds that a default judgment is appropriate for the reasons stated in the R&R. The R&R is incorporated by reference as if fully set forth herein.
IT IS SO ORDERED.
_________________________
PATRICIA A. GAUGHAN
United States District Judge