Opinion
Case No. 3:13-cv-15 C/w Case No. 3:13-mc-16
04-07-2014
UNITED STATES OF AMERICA, Plaintiff, v. DAVID W. BARKER, M.D., et al., Respondents.
Judge Timothy S. Black
Magistrate Judge Michael R. Merz
DECISION AND ENTRY:
(1) ADOPTING THE REPORTS AND RECOMMENDATIONS OF THE
MAGISTRATE JUDGE;
(2) OVERRULING DEFENDANT BARKER'S OBJECTION;
(3) PERMANENTLY ENJOINING DEFENDANTS FROM FURTHER
VIOLATIONS OF RULE 32.1(k);
(4) DISSOLVING THE ORDERS TO SHOW CAUSE; AND
(5) DISMISSING THESE CONTEMPT PROCEEDINGS
(BUT FOR EXPRESSLY RESERVING JURISDICTION
TO ENFORCE THIS DECISION AND ENTRY)
This case is before the Court on the Report and Recommendations of United States Magistrate Judge Michael R. Merz. (Doc. 19 in Case No. 3:13-mc-15; Doc. 13 in Case No. 3:13-mc-16). Defendant David W. Barker, M.D. filed an Objection to the original Report and Recommendations. (Doc. 20 in Case No. 3:13-mc-15). Defendant Andrew Yosowitz did not file any objection to the Report and Recommendation of the Magistrate Judge, and the time for doing so has expired. In response to the Objection of Defendant Barker, the Magistrate Judge issued a Supplemental Report and Recommendations. (Doc. 23 in Case No. 3:13-mc-15; Doc. 16 in Case No. 3:13-mc-16). The parties filed no objections to the Supplemental Report and Recommendations, and the time for doing so has expired. The issues are now ripe.
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), upon reviewing the filings presented herein de novo, including the comprehensive findings of the Magistrate Judge, the Court: (1) ADOPTS the Reports and Recommendations of the Magistrate Judge (Docs. 19, 23 in Case No. 3:13-mc-15; Docs. 13, 16 in Case No. 3:13-mc-16); (2) OVERRULES Defendant Barker's Objection (Doc. 20 in Case No. 3:13-mc-15); (3) permanently ENJOINS Defendants from any further violations of Rule 32.1(k); (4) DISSOLVES the Orders to Show Cause; and (5) DISMISSES these contempt proceedings, but for expressly reserving jurisdiction to enforce the Court's Orders.
Respondents Barker and Yosowitz, severally, along with their agents, servants, employees, and attorneys and all other persons in active concert or participation with them, are permanently enjoined from disclosing the contents of the Walden PSI as that term is defined in the Report. In addition, Respondent Yosowitz is ORDERED to provide a copy of this Order to attorney Joanne Beasy.
The Report concluded with the recommendation
that upon receipt of a written apology from Respondents for violating Rule 32.1(k) and their written certificate that they have surrendered to the Court all copies (in paper or electronic form) that they possess of the Walden PSI, the Court enjoins them from any further violations of the Rule, dissolves the Orders to Show Cause, and dismisses these contempt proceedings.
IT IS SO ORDERED.
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Timothy S. Black
United States District Judge
(Doc. No. 19, PageID 144.) Both Respondents have complied with those requirements (Exhibit 1 to Doc. No. 20; Doc. No. 21), and the Court accepts the apologies and certifications.