The Estate of JOANN MATOUK ROMAIN, deceased v. The CITY OF GROSSE POINTE FARMS et al, No. 4:2014cv12289 - Document 265 (E.D. Mich. 2017)

Court Description: OPINION and ORDER Adopting Magistrate Judge's 252 Report and Recommendation and Granting Defendant Timothy J. Matouk's 202 Motion for Spoliation Sanctions. Signed by District Judge Linda V. Parker. (RLou)

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The Estate of JOANN MATOUK ROMAIN, deceased v. The CITY OF GROSSE POINTE FARMS et al Doc. 265 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ESTATE OF JOANN MATOUK ROMAIN and MICHELLE MARIE ROMAIN, Plaintiffs, v. Civil Case No. 14-12289 Honorable Linda V. Parker CITY OF GROSSE POINTE FARMS, et al. Defendants. ____________________________/ OPINION AND ORDER ADOPTING MAGISTRATE JUDGE’S NOVEMBER 22, 2016 REPORT AND RECOMMENDATION (ECF NO. 252) AND GRANTING DEFENDANT TIMOTHY J. MATOUK’S MOTION FOR SPOLIATION SANCTIONS (ECF NO. 202) On August 16, 2016, Defendant Timothy J. Matouk (“Matouk”) filed a motion for spoliation sanctions under Federal Rule of Civil Procedure 37 based on Plaintiffs’ failure to preserve photographs/images used to elicit an identification from witness Paul Hawk. This Court referred the motion to Magistrate Judge Stephanie Dawkins Davis. (ECF No. 203.) Magistrate Judge Davis issued a Report and Recommendation (“R&R”) on November 22, 2016, recommending that the Court grant the motion and impose sanctions against Plaintiff. (ECF No. 252.) Specifically, Magistrate Judge Davis recommends disallowing Plaintiffs from using any evidence stemming from their failure to preserve the images, including disallowing the witness from testifying about the images in any manner. (Id. at 17.) Magistrate Judge Davis also recommends awarding Matouk the reasonable costs and attorney’s fees he incurred bringing the motion. (Id.) At the conclusion of her R&R, Magistrate Judge Davis advises the parties that they may object to and seek review of the R&R within fourteen days of service upon them. (Id. at 17-18.) She further specifically advises the parties that “[f]ailure to file specific objections constitutes a waiver of any further right to appeal.” (Id.) Neither party filed objections to the R&R. The Court has carefully reviewed the R&R and concurs with the conclusions reached by Magistrate Judge Davis. The Court therefore adopts the R&R. Accordingly, IT IS ORDERED that Defendant Timothy J. Matouk’s motion for spoliation sanctions (ECF No. 202) is GRANTED and the Court imposes the sanctions set forth in Magistrate Judge Davis’ R&R.1 s/ Linda V. Parker LINDA V. PARKER U.S. DISTRICT JUDGE Dated: January 6, 2017 Magistrate Judge Davis will determine the reasonable costs and attorney’s fees to be awarded to Matouk as sanctions, as she is most familiar with the proceedings. 2 1 I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro se parties on this date, January 6, 2017, by electronic and/or U.S. First Class mail. s/ Richard Loury Case Manager 3

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