Opinion
Civil Case No. 10-cv-02327-REB-MJW
01-18-2012
CAMERON McARTHUR, Plaintiff, v. SOURCEGAS LLC, Defendant.
Judge Robert E. Blackburn
ORDER OVERRULING OBJECTIONS TO AND ADOPTING
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matters before me are (1) the magistrate judge's Recommendation on Defendant's Motion To Dismiss and for Sanction (Docket No. 73) and Defendant's Motion for Summary Judgment (Docket No. 100) [#114] filed December 20, 2011; and (2) Plaintiff's Objections to Recommendation on Defendant's Motion To Dismiss and for Sanction (Docket No. 73) and Defendant's Motion for Summary Judgment (Docket No. 100) [#118] filed January 3, 2012. I overrule the objections, adopt the recommendation, and grant defendant's motion for summary judgment.
"[#114]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order and the orders entered in this case.
As required by 28 U.S.C. § 636(b), and Fed. R. Civ. P. 72(b)(3), I have reviewed de novo all portions of the recommendation to which objections have been filed and have considered carefully the recommendation, objections, response, record, and applicable caselaw. The recommendation is detailed and well-reasoned. Contrastingly, plaintiff's objections are imponderous and without merit.
Therefore, I find and conclude that the arguments advanced, authorities cited, and findings of fact, conclusions of law, and recommendation proposed by the magistrate judge should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the magistrate judge's Recommendation on Defendant's Motion To Dismiss and for Sanction (Docket No. 73) and Defendant's Motion for Summary Judgment (Docket No. 100) [#114] filed December 20, 2011, is APPROVED AND ADOPTED as an order of this court;
2. That the objections stated in Plaintiff's Objections to Recommendation on Defendant's Motion To Dismiss and for Sanction (Docket No. 73) and Defendant's Motion for Summary Judgment (Docket No. 100) [#118] filed January 3, 2012, are OVERRULED;
3. That defendant's Motion for Summary Judgment [#100] filed October 10, 2011, is GRANTED;
4. That Defendant's Motion To Dismiss and for Sanctions [#73], filed August 4, 2011, is DENIED AS MOOT IN PART and GRANTED IN PART, as follows:
a. That the motion is DENIED AS MOOT insofar as it seeks dismissal of plaintiff's claims pursuant to Fed. R. Civ. P. 41(b) as a sanction for litigation and discovery abuses; and
b. That the motion is GRANTED insofar as it seeks monetary sanctions against plaintiff, including the fees and costs associated with plaintiff's deposition (to the extent such fees and costs are not otherwise available under Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1, as provided by paragraph 7 below) and in connection with preparing the motion to dismiss and for sanctions;
I note, however, that the pattern of abusive conduct detailed in the motion to dismiss and the magistrate judge's recommendation wholly would have justified dismissal as a sanction had summary judgment otherwise not been appropriate as to all claims.
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5. That plaintiff's claims against defendant are DISMISSED WITH PREJUDICE;
6. That judgment SHALL ENTER on behalf of defendant, SourceGas LLC, against plaintiff, Cameron McArthur, as to all claims for relief and causes of action; provided, that the judgment shall be with prejudice; and
7. That defendant is AWARDED its costs, to be taxed by the Clerk of the Court pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1.
Dated January 18, 2012, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackbum
United States District Judge