Miller et al v. Schrader et al

Filing 119

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATIONS for 117 REPORT AND RECOMMENDATIONS. The 110 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 37(b)(2)(A) & 41(b) by Defendant Todd Reed is DENIED. The 112 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) by Defendants Whitley County, Whitley County Board of Commissioners is DEEMED WITHDRAWN. Signed by Senior Judge James T Moody on 7/27/09. (cer)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION DANIELLE NICOLE MILLER, as personal ) representative of the ESTATE OF MICHAEL ) J. MILLER, deceased, ) ) Plaintiff, ) ) v. ) ) MICHAEL D. SCHRADER, et al. ) ) Defendants. ) ORDER On June 24, 2009, Magistrate Judge Cosbey issued a written report and recommendation (docket # 117) regarding the motions of Todd Reed (docket # 110) and Whitley County and Whitley County Board of Commissioners (docket # 112) to dismiss plaintiff's claims pursuant to Fed. R. Civ. P. 37(b)(2)(A) and 41(b), as well as the request of Whitley County and Whitley County Board of Commissioners to withdraw their motion to dismiss (docket # 113). No objections have been filed. Therefore, the court accepts and adopts Magistrate Judge Cosbey's report and recommendation and hereby orders that Whitley County and Whitley County Board of Commissioners' motion to dismiss be DEEMED WITHDRAWN (docket # 112) and Reed's motion to dismiss be DENIED (docket # 110). SO ORDERED. DATED: July 27, 2009 s/James T. Moody________________ JUDGE JAMES T. MOODY UNITED STATES DISTRICT COURT

NO: 1:08 CV 189 JTM-RBC