Johnson v. Norfolk State University, No. 2:2022cv00193 - Document 58 (E.D. Va. 2024)

Court Description: ORDER: The Court does hereby ADOPT AND APPROVE IN FULL the findings and recommendations set forth in the Report and Recommendation of the United States Magistrate Judge filed December 12, 2023. The Court GRANTS Defendant's 35 Motion for Sancti ons; DIRECTS Defendant to submit, within 30 days of this Order, an itemized request for the reasonable attorney's fees NSU incurred in completing the briefing on its Motion for Summary Judgment, after providing its safe harbor notice; and DIRECT S Plaintiff to file a brief, within 14 days of Defendant's filing, addressing the reasonableness of the fees, or any other basis to avoid or determine the appropriate monetary sanction. Signed by District Judge Rebecca Beach Smith on 1/16/24. (mrees)

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Johnson v. Norfolk State University Doc. 58 UNITED STATES DISTRICT EASTERN DISTRICT COURT OF VIRGINIA Norfolk Division BRENDA JOHNSON, Plaintiff, CIVIL NO. V. 2:22cvl93 NORFOLK STATE UNIVERSITY, Defendant. ORDER This matter comes before University's Nos. 35, 36. Motion for the court on Sanctions and Defendant Norfolk State Brief in Support. ECF The matter was referred to a United States Magistrate Judge by Order of October 5, 2023, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) to conduct hearings, and to submit to and Federal Rule of Civil Procedure 72(b), including evidentiary hearings, if necessary. the undersigned proposed findings of fact. if applicable, and recommendations for the disposition of the Motion. ECF No. 54. The United Recommendation was States Magistrate filed on December 12, Judge's 2023, the Court fix a schedule for Defendant and recommending that the court grant Defendant's Motion for Sanctions, that Report and to submit an itemized request for the reasonable attorney's fees NSU incurred in completing the briefing on its Motion for Summary Judgment, after providing its safe harbor notice. Plaintiff should thereafter be directed to file a brief within 14 days of Defendant's filing addressing Dockets.Justia.com any other basis to avoid or determine the appropriate monetary sanction. the ECF No. reasonableness 56 at By copy Judge, the of the fees, or 14. of the parties Report were objections thereto. and Recommendation of the advised of their right to file filing ADOPT AND forth in same has APPROVE the Magistrate expired. IN FULL Report Judge and filed Accordingly, the findings within thirty December (30) safe harbor fourteen notice; (14) reasonableness and the time for the of of 2023. ECF No. 35; does hereby the set United States court GRANTS The DIRECTS Defendant to an itemized request fees NSU incurred in completing the Summary Judgment, Defendant's fees, court recommendations 12, and DIRECTS Plaintiff days of and days of this Order, for the reasonable attorney's briefing on its Motion the Recommendation Defendant's Motion for Sanctions, submit, written Id. at 15. The court has received no objections to the Magistrate Judge's Report and Recommendation, for Magistrate or any to after providing file a brief, filing, other within addressing basis to its avoid the or determine the appropriate monetary sanction.^ ^ Defendant's Motion the action with prejudice. for Sanctions also sought dismissal of ECF No. 36 at 8. However, that remedy is unnecessary because the court issued a Final Order granting Defendant's Motion for Summary Judgment and dismissing Plaintiff's Amended Complaint with prejudice. 2 ECF No. 57. The Clerk is DIRECTED to send a copy of this Order to counsel for all parties. IT IS SO ORDERED. Rebecca Beach Smith Senior United States District Judge REBECCA SENIOR January 1(3, 2024 3 UNITED BEACH STATES SMITH DISTRICT JUDGE

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