Opinion
3-03-CV-1901-M
February 13, 2004
ORDER
After making an independent review of the pleadings files and records in this case, and the Findings, Conclusions and Recommendation of the United States Magistrate Judge, I am of the opinion that the findings and conclusion of the Magistrate Judge are correct and they are accepted as the findings and conclusions of the Court.
IT IS, THEREFORE, ORDERED that the findings, conclusions and recommendation of the United States Magistrate Judge are accepted.
The District Court makes the following findings of fact:
1. William R. Pickering did not write the handwritten document, a copy of which was attached to Rodney Docker's declaration executed on September 29, 2003.
2. The statements of fact contained in William R. Pickering's affidavit executed on October 2, 2003, are true and correct.
3. The statements of fact which appear in Rodney Dockery's declaration executed on September 29, 2003, contained in ¶ 3 and which read "Attached hereto as Exhibit 1 is a true and correct copy of handwritten notes taken by Bill Pickering during his meeting with me in Dallas regarding our joint venture. Indeed, he went over these handwritten notes with both my wife and I (sic) at my home in Dallas, Texas" are false and that Dockery willfully and intentionally made such statements, knowing the same to be false and not as a result of confusion, mistake or faulty memory.
4. The statements of fact which appear in Rodney Dockery's declaration executed on October 9, 2003, contained in ¶ 2 and which read "I did not have a copy machine at my house and Mr. Pickering advised me that he would make a copy and give it to me" and those contained in ¶ 3 representing that he received a copy of the notes directly from Mr. Pickering or Mr. Nightengale are false and that Dockery willfully and intentionally made such statements contained in these paragraphs, knowing the same to be false and not as a result of confusion, mistake or faulty memory.
5. No additional discovery is necessary or appropriate on the issues reserved in ¶¶ 1-4 above.
IT IS FURTHER ORDERED that Rodney Dockery will pay sanctions to William Pickering in an amount equal to Pickering's reasonable attorneys' fees and expenses, to be later determined by the court, incurred in the filing of his motion for expedited consideration of the perjury issue filed on November 12, 2003, through the date of this order with respect to the perjury issue and such other A copy of this order shall be transmitted to counsel for the parties.