Summary
dismissing action where plaintiff failed to comply with court orders; "[h]ere, [p]lainiff has not complied with two orders of this court directing her to provide discovery, complete her deposition and to participate in an independent medical examination [b]oth orders specifically warned [p]laintiff that failure to comply with the order shall subject her to serious sanctions, including dismissal of this action with prejudice"
Summary of this case from Young v. PickensOpinion
99-CV-193S
January 6, 2004
DECISION AND ORDER
1. This Court the above-captioned to the Honorable Leslie G. Foschio, United States Magistrate Judge, for all pre-trial matters, including the hearing of non-dispositive motions, pursuant to 28 U.S.C. § 636 (b)(1)(A).
2. On October 24, 2003, Judge Foschio a Report and Recommendation recommending that Defendant Ingram Micro's Cross-Motion for Sanctions be granted and that Plaintiff Anna J. Cauley's Complaint be dismissed. In the alternative, Judge Foschio recommended that Defendant's Cross-Motion to Compel Discovery be granted.
3. Plaintiff filed Objections to Judge Foschio's Report and Recommendation on December 22, 2003.
4. This Court has carefully reviewed de novo Judge Foschio's Report and Recommendation. In addition, this Court has given due consideration to Plaintiff's Objections thereto.
IT HEREBY IS ORDERED that this Court accepts Judge Foschio's Report and Recommendation (Docket No. 89), including the authorities cited and the reasons given therein, with respect to the Recommendation that Defendant's Cross-Motion for Sanctions be granted.
FURTHER, that Plaintiffs Objections to Judge Foschio's Report and Recommendation (Docket No. 91) are DENIED.
FURTHER, that Defendant's Cross-Motion for Sanctions (Docket No. 83) is GRANTED.
FURTHER, that Defendant's Cross-Motion to Compel Discovery (Docket No. 83) is DENIED as moot.
FURTHER, that Plaintiff's Complaint is DISMISSED.
FURTHER, that the Clerk of the Court shall take the to CLOSE this case.
SO ORDERED.