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07-078 - MUHAMMAD v. DOLLAR GENERAL STORE


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07-078 - MUHAMMAD v. DOLLAR GENERAL STORE
December 1, 2008
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ENTRY Concerning Selected Matters and Directing Dismissal of Action. 32 Motion to Dismiss Plaintiff's Claims with Prejudice is granted. A finding of civil contempt re 28 against AARON MUHAMMAD to compensate DOLLAR GENERAL for the injuries which resulted from Muhammad's failure to comply with the court's May 27, 2008 Order in the amount of $3,201.38 is granted. 33 Motion for Attorney Fees is granted in part (as to Defendant's First and Second Motions to Compel) in the amount of $4,290.00. Dollar General's request for reimbursement of attorney's fees and costs incurred in filing 32 is denied because this court believes that this motion should not properly be considered a motion to compel pursuant to Rule 37(a)(5)(A). 36 Motion to Withdraw Document No. 35 is granted. The clerk is directed to enter final judgment in this action consistent with this Entry. Signed by Judge David Frank Hamilton on 12/1/08. (LBT) Modified on 12/5/2008 (LBT).