Root v. Robinson

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No. 5:20-cv-00239-M GAEGE ROOT, Plaintiff, ORDER TONY ROBINSON, TONY THE CLOSER, LLC & I CLOSE DEALS, LLC, Defendant.

This matter is before the court on the Memorandum and Recommendation (hereinafter “M&R’) of United States Magistrate Judge Robert T. Numbers [DE-55] on Plaintiff's motion for sanctions against the Defendants, [DE 49]. Defendants did not file objections to the M&R. The matter is ripe for ruling. “The Federal Magistrates Act requires a district court to make a de novo determination of those portions of the magistrate judge’s report or specified proposed findings or recommendations to which objection is made.” Diamond y. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (emphasis, alteration, and quotations omitted); see 28 U.S.C. § 636(b). Absent timely objection, “a district court need not conduct a de novo review, but instead must only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Diamond, 416 F.3d at 315 (citation and quotations omitted). The court has reviewed the M&R and the record in this case and is satisfied that there is no clear error on the face of the record. Accordingly, the court ADOPTS the M&R [DE-55] and for the reasons stated therein ORDERS as follows:

1. Plaintiffs motion for sanctions is GRANTED. The court enters default judgment against Defendants in the amount of $210,000, and awards attorney’s fees to the plaintiff in the amount of $32,045.

SO ORDERED this day of May, 2022.

ted EM wit RICHARD E. MYERS I CHIEF UNITED STATES DISTRICT JUDGE