Kouba v. Renzenberger, Inc. et al

Filing 47

ORDER Denied as moot 37 Motion to Dismiss Party; adopting Report and Recommendations re 44 Report and Recommendations.. Signed by Judge Frank R Zapata on 8/11/2010.(JKM)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. Renzenberger, Inc. , et al., Defendants. Albert Walter Kouba, et al., Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) No. CV 10-159-TUC-FRZ (GEE) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Pending before the Court is a Report and Recommendation issued by United States Magistrate Judge Glenda E. Edmonds that recommends denying Peterson Manufacturing Company's ("Peterson") motion to dismiss (Doc. 37) as moot . A review of the record reflects that the parties have not filed any objections to the Report and Recommendation and the time to file objections has expired. As such, the Court will not consider any objections or new evidence. The Court has reviewed the record and concludes that Magistrate Judge Edmonds' recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14 F. Supp. 2d 1203, 1204 (D. Or. 1998). Accordingly, IT IS HEREBY ORDERED as follows: (1) Magistrate Judge Edmonds' Report and Recommendation (Doc. #44) is accepted and adopted.

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(2) Peterson's motion to dismiss (Doc. 37) is denied as moot. (3) As pretrial proceedings remain in this case, the referral to Magistrate Judge Edmonds remains in effect; the parties shall continue to list the caption as: CV 10-159TUC-FRZ (GEE).

DATED this 11th day of August, 2010.

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