The Trial Lawyers College v. Gerry Spences Trial Lawyers College at Thunderhead Ranch

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Trial Lawyer's College ("TLC") has violated the parties' Consent Permanent Injunction and (ii) an order that TLC sanitize its Facebook page and Twitter/X account of material barred by the Injunction; (2) deny the Motion for Contempt (Doc. 596) to the extent that it requests the award of compensatory damages; (3) grant TLC's Motion to Enforce Settlement Agreement (Doc. 603) to the extent that it requests (i) a finding that Defendants have violated the parties' Settlement Agreement by not timely returning to TLC certain items of personal property referenced in the Agreement and (ii) an order compelling Defendants to return to TLC the property in question; and

(4) deny the parties' competing requests for attorney's fees. The R&R notified the parties of their ability to file objections within fourteen days. See Doc. 628 at 27. This fourteen-day deadline has now expired without either party filing objections. The Tenth Circuit has held that a party must timely object to a magistrate judge's report and recommendation to preserve an issue for de novo review by the district court or an appellate court. See United States v. One Parcel of Real Prop., 73 F.3d 1057, 1060 (10th Cir. 1996). The failure to timely object waives appellate review of both factual and legal questions. In re Key Energy Res. Inc., 230 F.3d 1197, 1199-1200 (10th Cir. 2000) (citation omitted); One Parcel of Real Prop., 73 F.3d at 1059 (citations omitted). Thus, neither side preserved any issues with the R&R for this Court to review. Moreover, having reviewed the R&R, the Court concurs with its findings, analysis, and conclusions.

IT IS THEREFORE ORDERED that Magistrate Judge Fouratt's Report and Recommendation (Doc. 628) is AFFIRMED and ADOPTED.

IT IS FURTHER ORDERED that Defendants' Motion for Contempt (Doc. 596) is

GRANTED IN PART and DENIED IN PART as follows:

(1) The Motion for Contempt is GRANTED to the extent that the Court FINDS that TLC

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has violated the parties' Consent Permanent Injunction and ORDERS that, within 60 days of entry of this Order, TLC sanitize its Facebook page and Twitter/X account of content barred by the Injunction, including but not limited to the 36 categories of content Defendants identified in the joint submission to the Court in advance of the evidentiary hearing (Doc. 616 at 35-38 ¶¶ 36-39), and file a notice of compliance when this has been accomplished.

(2) The Motion for Contempt is DENIED to the extent that it requests the award of compensatory damages and attorney fees.

(3) Any other relief requested by the Motion for Contempt is DENIED.

IT IS FURTHER ORDERED that TLC's Motion to Enforce Settlement Agreement (Doc.

603) is GRANTED IN PART and DENIED IN PART as follows:

(1) The Motion to Enforce is GRANTED to the extent that the Court FINDS that Defendants have violated the parties' Settlement Agreement by not timely returning

to TLC the personal property referenced in ¶ 8 of the Agreement and ORDERS

Defendants, within 60 days of entry of this Order, to ship - en masse - all property in their possession identified in ¶ 8 of the Settlement Agreement to TLC President Maren Chaloupka at 1906 Broadway, Scottsbluff, NE 69363, with the parties to share equally the cost of the shipment, and Defendants to thereafter file a notice of compliance that the transfer has been effectuated.¹

(2) The Motion to Enforce is DENIED to the extent that it requests the award of attorney

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fees.

(3) Any other relief requested by the Motion to Enforce is DENIED.

IT IS SO ORDERED.

/s/ Joel M. Carson III________________ Joel M. Carson III

United States Circuit Judge Sitting by Designation