Opinion
3:19-cv-1221 (GLS/ML)
06-08-2021
JEREMY L. TUTORA, Plaintiff, v. TRISTON CAMPBELL,
FOR THE PLAINTIFF: JEREMY L. TUTORA Pro Se FOR THE DEFENDANT: Smith, Sovik, Kendrick & Sugnet, P.C.OF COUNSEL: STEVEN W. WILLIAMS, ESQ.
FOR THE PLAINTIFF:
JEREMY L. TUTORA Pro Se
FOR THE DEFENDANT:
Smith, Sovik, Kendrick & Sugnet, P.C.OF COUNSEL:
STEVEN W. WILLIAMS, ESQ.
ORDER
GARY L. SHARPE SENIOR DISTRICT JUDGE
The above-captioned matter comes to this court following an Order and Report-Recommendation (R&R) by Magistrate Judge Miroslav Lovric, duly filed May 18, 2021. (Dkt. No. 69.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the R&R for clear error, it is hereby
ORDERED that the Order and Report-Recommendation (Dkt. No. 69) is ADOPTED in its entirety; and it is further
ORDERED that defendant's motion to dismiss (Dkt. No. 51) is GRANTED; and it is further
ORDERED that plaintiffs complaint (Dkt. No. 1) is DISMISSED in its entirety pursuant to Fed.R.Civ.P. 37(b) and Fed.R.Civ.P. 41 (b) for failure to prosecute and comply with the court's orders and Local Rules of Practice; and it is further
ORDERED that defendant's motion for default judgment as to his counterclaims (Dkt. No. 60) remains pending. Defendant is directed to advise the court of his position with respect to the motion and his counterclaims in light of this Order on or before June 15, 2021; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties accordance with the Local Rules of Practice.
IT IS SO ORDERED.