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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

Trent Jarvis Brooks,

Plaintiff,

v. Case No. 09-11787

Transcontinental System, Inc., Honorable Sean. F. Cox

Defendant.

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ORDER ACCEPTING, IN PART,

NOVEMBER 15, 2010 REPORT & RECOMMENDATION

Through his attorney, George C. Cushingberry, Jr., Plaintiff filed this action in state court

on or about February 9, 2009. Defendant removed the action to this Court. 

Due to Mr. Cushingberry’s repeated failure to cooperate in discovery, on April 9, 2010,

Magistrate Judge Virginia Morgan ordered Mr. Cushingberry to pay sanctions in the amount of

$5,000.00, payable to Defense Counsel and Defendant. (See Docket Entry No. 32). Magistrate

Judge Morgan ordered that $1,500.00 be made payable immediately and stated that she would

consider a reduction in the balance depending on the future conduct of plaintiff’s counsel. (Id.).

Nevertheless, Mr. Cushingberry continued to refuse to cooperate in discovery and did not

pay any portion of the sanctions ordered by Magistrate Judge Morgan.

On April 14, 2010, Defendant Transcontinental filed a motion to dismiss for failure to

comply with court’s order for discovery and sanctions (Docket Entry No. 34), which this Court

referred to Magistrate Judge Virginia Moran for issuance of a report and recommendation

(“R&R”).

On June 18, 2010, Magistrate Judge Morgan issued an R&R recommending that
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Defendant’s motion be granted and that Plaintiff’s complaint be dismissed with prejudice for

failure to comply with the Court’s order for discovery and sanctions. (Docket Entry No. 41). 

Plaintiff filed no objections to that R&R, which this Court then adopted in an Order entered on

July 6, 2010. (Docket Entry No. 43).

On August 27, 2010, Defendant filed a motion requesting that the Court issue an order to

show cause to Mr. Cushingberry, ordering Mr. Cushingberry to show cause why he should not

be held in contempt for failure to comply with the Court’s order imposing sanctions. (Docket

Entry No. 45). This Court referred the motion to Magistrate Judge Morgan, pursuant to 28

U.S.C. § 636(b)(1)(B). (Docket Entry No. 46). 

Magistrate Judge Morgan ordered Mr. Cushingberry to show cause, no later than October

13, 2010, why he should not be held in contempt. (Docket Entry No. 47). Mr. Cushingberry did

not respond to the show cause order. 

On November 15, 2010, Magistrate Judge Morgan issued a “Report and

Recommendation that Attorney George C. Cushingberry, Jr. Be Held in Civil Contempt of

Court.” (Docket Entry No. 48). In that R&R, Magistrate Judge Morgan recommends that the

Court Order:

1) Mr. Cushingberry to pay $5,000.00 to Defendant’s Counsel no later than

December 15, 2010;

2) That if the amount is not paid as ordered, Judgment be entered against Mr.

Cushingberry for $5,000.00, plus statutory interest from September 29,

2010;

3) Mr. Cushingberry suspended from the practice of law in the Eastern

District of Michigan until the $5,000.00 is paid; and

4) That a copy of the Judgment and Mr. Cushingberry’s suspension be

forwarded to the State Bar of Michigan.
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(Id. at 3).

Pursuant to 28 U.S.C. § 636(b)(1), a party objecting to the recommended disposition of a

matter by a Magistrate Judge must filed objections to the R&R within fourteen (14) days after

being served with a copy of the R&R. “The district judge to whom the case is assigned shall

make a de novo determination upon the record, or after additional evidence, of any portion of the

magistrate judge’s disposition to which specific written objection has been made.” Id. 

The time for filing objections to the November 15, 2010 R&R has expired and the docket

reflects that Mr. Cushingberry has filed no objections to the R&R.

The Court hereby ADOPTS the November 15, 2010 R&R, in part, and ORDERS that Mr.

Cushingberry shall pay $5,000.00 to Defendant’s Counsel no later than December 15, 2010. 

IT IS FURTHER ORDERED that if Mr. Cushingberry fails to pay that amount by

December 15, 2010, this Court shall enter a Judgment against Mr. Cushingberry for $5,000.00,

plus statutory interest from September 29, 2010.

IT IS SO ORDERED.

S/Sean F. Cox 

Sean F. Cox

United States District Judge

Dated: December 7, 2010

I hereby certify that a copy of the foregoing document was served upon counsel of record on

December 7, 2010, by electronic and/or ordinary mail.

S/Jennifer Hernandez 

Case Manager