Wochos v. Smith

Filing 59

ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety 58 REPORT AND RECOMMENDATIONS re 56 MOTION to Dismiss Case Due to Death of Plaintiff Wenzel Wochos filed by Darrell - Smith. Accordingly, this matter is removed from the September 27, 2010 trial docket, and will be stayed for a period of ninety (90) days. Defendant's Motion to Dismiss 56 is denied as premature. Signed by Honorable Robert T. Dawson on August 3, 2010. (dmc)

Wochos v. Smith

Doc. 59

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION WENZEL WOCHOS V. DARRELL SMITH ORDER On this 3rd day of August 2010, there comes on for CASE NO. 08CV6070 DEFENDANT PLAINTIFF

consideration the report and recommendation filed in this case on July 14, 2010, by the Honorable Barry A. Bryant, United States Magistrate for the Western District of Arkansas. 58). No objections were filed. The court has reviewed this case and, being well and sufficiently advised, finds as follows: The report and (Doc.

recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, this matter is removed from the

September 27, 2010 trial docket, and will be stayed for a period of ninety (90) days. If Plaintiff's executor or administrator

takes no action by the end of the ninety (90) days, the case will be dismissed pursuant to Rule 25(a) of the Federal Rules of Civil Procedure. Defendant's Motion to Dismiss (doc. 56) is

DENIED as premature. IT IS SO ORDERED.

/s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)

Dockets.Justia.com