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Phillips v. Meridan Herman Miller, Inc.

United States District Court, W.D. Michigan, Southern Division
Jun 13, 2001
Case No. 1:00cv 744 (W.D. Mich. Jun. 13, 2001)

Opinion

Case No. 1:00cv 744

June 13, 2001


MEMORANDUM OPINION


This matter is before the court upon a report and recommendation by Magistrate Judge Scoville dated May 9, 2001. The magistrate judge recommended dismissal of plaintiff's complaint with prejudice as a sanction pursuant to Rule 16(f) of the Federal Rules of Civil Procedure. Plaintiff elected to ignore the report and recommendation. Plaintiff has never appeared for any court proceeding in this action and has regularly disregarded this court's orders. She did not appear for the case management conference on January 2, 2001, for the hearing on her motion to compel on March 9, 2001, or for the settlement conference on April 30, 2001. Plaintiff failed to pay monetary sanctions imposed by this court's order of March 12, 2001. Upon de novo review, and applying the four-factor test established by the Sixth Circuit's decisions in Harmon v. CSX Transp., Inc., 110 F.3d 364, 367 (6th Cir. 1997), and Freeland v. Amigo, 103 F.3d 1271,1277 (6th Cir. 1997), the court finds that plaintiff's consistent pattern of complete disregard for this court's orders warrants the harsh sanction of dismissal with prejudice. The magistrate judge's report and recommendation will be adopted as the opinion of the court and plaintiff's complaint will be dismissed with prejudice.

The same report and recommendation recommended that a default judgment be entered against plaintiff in favor of defendant Meridian Herman Miller Inc. on its counterclaim in the amount of $1,569.05, plus interest and costs. Plaintiff did not file any objection. Upon de novo review, the court finds that this relief is appropriate and a default judgment will be entered against plaintiff.

JUDGMENT

For the reasons set forth in the accompanying Memorandum Opinion,

IT IS ORDERED that the report and recommendation dated May 9, 2001 (docket # 46) is adopted as the opinion of the court.

IT IS FURTHER ORDERED that plaintiff's complaint be and hereby is DISMISSED with prejudice.

IT IS FURTHER ORDERED that a default judgment be and hereby is entered against plaintiff in favor of defendant Meridian Herman Miller, Inc. in the amount of $1,569.05, plus interest and costs.


Summaries of

Phillips v. Meridan Herman Miller, Inc.

United States District Court, W.D. Michigan, Southern Division
Jun 13, 2001
Case No. 1:00cv 744 (W.D. Mich. Jun. 13, 2001)
Case details for

Phillips v. Meridan Herman Miller, Inc.

Case Details

Full title:ANTOINETTE PHILLIPS, Plaintiff, v. MERIDIAN HERMAN MILLER, INC., et al.…

Court:United States District Court, W.D. Michigan, Southern Division

Date published: Jun 13, 2001

Citations

Case No. 1:00cv 744 (W.D. Mich. Jun. 13, 2001)