Opinion
Civil Action No. 3:04-CV-0489-K.
May 10, 2005
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Pursuant to the District Court's Order of Reference, entered April 12, 2005, Defendant's Motion for Evidentiary Hearing and Sanctions Due to Witness Tampering, filed February 18, 2005, has been referred to the United States Magistrate Judge for hearing, if necessary, and determination. The Court held a hearing on the motion on May 9, 2005, and heard from the parties and their witnesses.
The Court determined that Plaintiff and Defendant's witnesses should avoid contact with one another and ordered them to avoid contact with one another during the pendency of this action. However, the Court did not find the sanctions requested by Defendant to be warranted. The Court finds that the actions of Plaintiff and Robert Beathard, a witness for the Defendant, do not rise to the level of witness tampering or attempting to influence the witness's testimony. Further, the Court finds that Defendant did not provide sufficient evidence that a threat was actually made by Plaintiff. Therefore, this Court recommends that Defendant's motion for sanctions be denied.
Defendant asked the Court to strike Plaintiff's pleadings and enter a judgment in favor of Defendant, or in the alternative, enter an order allowing Defendant to introduce evidence of the alleged threat should the case proceed to trial, enjoin Plaintiff from contacting Defendant's witnesses or family members of Defendant's witnesses, refer this matter to the appropriate District Attorney or U.S. Attorney for prosecution, and award Defendant attorneys' fees and costs. (Def.'s Mot. at 3.)
SO RECOMMENDED.