Great Creations, LLC v. Dickinson Frozen Foods, Inc.

Filing 45

ORDER ADOPTING 44 REPORT AND RECOMMENDATIONS; and granting in part and denying in part 41 Motion to Strike. Signed by Honorable Jimm Larry Hendren on March 15, 2011. (src)

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Great Creations, LLC v. Dickinson Frozen Foods, Inc. Doc. 45 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION GREAT CREATIONS, LLC, v. Civil No. 09-5118 PLAINTIFF DICKINSON FROZEN FOODS, INC., d/b/a NORSUN FOOD GROUP, INC. DEFENDANT O R D E R Now on this 15th day of March, 2011, comes on for consideration the Magistrate Judge's Report and Recommendation (Doc. 44) to which no objections have been filed. well and sufficiently advised, has reviewed The Court, being the Report and Recommendation and finds that it is sound in all respects and should be adopted in toto. IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 44) is hereby adopted in toto; and IT IS FURTHER ORDERED that, for the reasons stated in the Magistrate Judge' Report and Recommendation, plaintiff's Motion to Strike (Doc. 41) is hereby GRANTED IN PART AND DENIED IN PART. Specifically: * the motion is granted as to the unclean hands defense asserted by defendant in its Answer (Doc. 39) and such defense is hereby STRICKEN; * the motion is denied in all other respects, including plaintiff's discovery. request for additional time to conduct IT IS SO ORDERED. /s/JIMM LARRY HENDREN JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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