Lopez v. Bridgestone Americas Tire Operations LLC et al

Filing 119

ORDER ACCEPTING REPORT AND RECOMMENDATIONS; dismissing without prejudice 107 Motion for Attorney Fees; denying as moot 112 Motion for Discovery and accepting 113 Report and Recommendations. Signed by Judge Joseph S Van Bokkelen on 2/13/2014. (rmn)

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United States District Court Northern District of Indiana Hammond Division Gabriel Lopez, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. Brad Ragan Recycling Inc., d/b/a BR Retreading Defendant. Civil Action No. 2:11-CV-54 JVB ORDER This matter is before the Court on Magistrate Judge Paul Cherry’s Report and Recommendation (DE 113) on the petition for adjudication of quantum meruit claim (DE 107), filed by Plaintiff’s former attorney Peter Polansky of Curcio Law Offices. Judge Cherry’s report states that Mr. Polansky’s claim is wrongly filed in this case and should be dismissed without prejudice. No objections have been filed to Judge Cherry’s Report and Recommendation. Having reviewed the report, the Court agrees with its findings. Accordingly, the Court accepts Judge Cherry’s Report and Recommendation and dismisses Mr. Polansky’s petition (DE 107) without prejudice. Plaintiff’s motion to open discovery upon Mr. Polansky’s petition (DE 112) is denied as moot. SO ORDERED on February 13, 2014. s/ Joseph S. Van Bokkelen Joseph S. Van Bokkelen United States District Judge

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