Harward v. Gaebler et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
NICHOLAS HARWARD,
Plaintiff,
v.
BRANDY GAEBLER and TERRI
WILLIAMS.,
Defendants.
ORDER ADOPTING REPORT AND
RECOMMENDATION
Case No. 2:25-cv-698 TS-DBP
Judge Ted Stewart
Magistrate Judge Dustin B. Pead
Plaintiff Nicholas Harward, who is proceeding pro se in this matter, filed his Complaint
on August 22, 2025. This matter was subsequently referred to the Magistrate Judge pursuant to
28 U.S.C. § 636(b)(1)(B). The Magistrate Judge issued a Report and Recommendation on
November 11, 2025.1 This matter is before the Court for consideration of that Report and
Recommendation.
Following Defendants’ Motion to Dismiss for Failure to State a Claim,2 Plaintiff filed a
Motion for Voluntary Dismissal under Federal Rule of Civil Procedure 41(a)(2).3 Defendants
responded requesting that the Court order Plaintiff to pay Defendants’ attorneys’ fees.4 The
Magistrate Judge recommends that (1) Defendants’ Motion to Dismiss be deemed moot; (2)
Plaintiff’s Motion for Voluntary Dismissal be granted; and (3) Defendants be awarded
reasonable attorneys fees as a condition of dismissal.
1 Docket No. 14.
2 Docket No. 8.
3 Docket No. 11.
4 Docket No. 12.
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Pursuant to 28 U.S.C. § 636(b), a party has 14 days after being served with a copy of the
Report and Recommendation to file an objection. Neither party filed an objection. The Court has
considered the relevant briefings and the Magistrate Judge’s Report and Recommendation and
agrees with the Magistrate Judge’s analysis and conclusions. Additionally, the Court will order
Defendants to submit an affidavit detailing the amount of attorneys fees requested, as described
in DUCivR 54-1, within 14 days of this Order.
It is therefore
ORDERED that the Magistrate Judge’s Report and Recommendation (Docket No. 14) is
ADOPTED IN FULL; it is further
ORDERED that Defendants’ Motion to Dismiss (Docket No. 8) is DENIED as moot. It is
further
ORDERED that Plaintiff’s Motion for Voluntary Dismissal (Docket No. 11) is
GRANTED. It is further
ORDERED that this case is dismissed without prejudice. It is further
ORDERED that Defendants submit an affidavit in support of attorneys fees within 14
days of this Order.
DATED: February 4th, 2026.
BY THE COURT:
________________________________________
TED STEWART
United States District Judge
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