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06-1440 - Law Offices of Ben C. Martin LLP et al v. Dennis C. Sweet III, PA and Associates et al


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06-1440 - Law Offices of Ben C. Martin LLP et al v. Dennis C. Sweet III, PA and Associates et al
March 19, 2008
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REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re 72 MOTION to Strike 65 Designation of Experts Report of John Wiechman and to Strike Plaintiffs' "Non-Retained" Experts and Plaintiffs' 78 Trial Brief in Support of Default Judgment for Spoliation of Evidence. For the foregoing reasons it is recommended that the District Court order that Defendants' Motion to Strike the Expert Report of John Wiechman be granted in part by striking pages 9 and 10 of his report signed on October 12, 2007, except for paragraph 1 of the Summation, and It is further recommended that the District Court enter its order denying Plaintiffs' trial brief request that a default judgment in their favor be entered and denying, in the alternative, their request for application of an adverse inference based on their spoliation assertion. (see order for specifics) (Signed by Magistrate Judge Wm F Sanderson, Jr on 03/19/08) (lmp) .
April 10, 2008
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REPORT AND RECOMMENDATION re 116 Objections to the Recommendations of the Magistrate Judge, Motion for Re-Hearing, Request for Clarification and Motion for Leave/MOTION for Reconsideration by Law Offices of Ben C Martin LLP. (see order for specifics) (Signed by Magistrate Judge Wm F Sanderson, Jr on 4/10/2008) (axm)
April 23, 2008
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ORDER ACCEPTING 115 Findings and Recommendations, 119 Findings and Recommendations: 72 Motion to Strike Expert Report of John Wiechman is GRANTED in part. 78 Trial brief request that a default judgment in Plaintiffs' favor be entered is DENIED and, in the alternative, Plaintiffs' request for application of an adverse inference based on their spoliation assertion is DENIED. 116 Motion for Re-Hearing, Request for Clarification, and Motion for Leave and Brief is DENIED. (Signed by Judge Jane J Boyle on 4/23/08) (npk) Modified on 4/28/2008 (axm).