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Herbig v. Field

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Mar 6, 2013
CIV No. 12-384 LH/CEG (D.N.M. Mar. 6, 2013)

Opinion

CIV No. 12-384 LH/CEG

03-06-2013

FLOYD DALE HERBIG and FLOYD DEAN HERBIG, Plaintiffs, v. JAMES LEROY FIELD and OVERTON TRANSPORTATION, a Subsidiary of SYSCO CORPORATION and acquired by GREATWIDE LOGISTICS SERVICES, Third-Party Logistics Services, Defendants.


ORDER ADOPTING MAGISTRATE JUDGE'S

PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

THIS MATTER is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition ("PFRD"), filed on February 14, 2013. (Doc. 88). In the PFRD, the Magistrate Judge recommended that Plaintiffs pay Defendants the reasonable costs and attorneys' fees for filing Defendants' Motion for Sanctions Pursuant to Rule 37, (Doc. 33), and Defendants' Response to Order to Show Cause, (Doc. 37). The Magistrate Judge also recommended that the Court establish as a fact, for the purposes of jurisdiction, that the amount in controversy exceeds $75,000. The parties were notified that written objections to the PFRD were due within fourteen days. (Doc. 88 at 5). No objections have been filed and the deadline of March 4, 2013 has passed. The recommendation of the Magistrate Judge are adopted by this Court.

IT IS THEREFORE ORDERED that Plaintiff shall pay Defendant the reasonable costs and attorneys' fees for filing Defendants' Motion for Sanctions Pursuant to Rule 37 and Defendants' Response to Order to Show Cause.

IT IS FURTHER ORDERED that, for purposes of jurisdiction, the amount in controversy exceeds $75,000.

______________

SENIOR UNITED STATES DISTRICT JUDGE


Summaries of

Herbig v. Field

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Mar 6, 2013
CIV No. 12-384 LH/CEG (D.N.M. Mar. 6, 2013)
Case details for

Herbig v. Field

Case Details

Full title:FLOYD DALE HERBIG and FLOYD DEAN HERBIG, Plaintiffs, v. JAMES LEROY FIELD…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Date published: Mar 6, 2013

Citations

CIV No. 12-384 LH/CEG (D.N.M. Mar. 6, 2013)