JONES et al v. INDY 400, L.L.C. et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS and Denying Defendant's 11 Motion to Dismiss filed by RAM INTERNATIONAL I, L.L.C., INDY 104, L.L.C.. Signed by Judge Sarah Evans Barker on 5/14/2009.(MAC) Modified on 5/15/2009 (MAC).

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION NORRIS JONES, et. al, Plaintiffs, vs. INDY 104, LLC, et. al, Defendants. ) ) ) ) ) ) ) ) )

1:08-cv-1128- SEB-TAB

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DENYING DEFENDANT'S MOTION TO DISMISS (Docket Nos. 11 & 26) The Court has reviewed and considered the Magistrate Judge's Report and Recommendation (Docket No. 26) on Defendant's Motion to Dismiss (Docket No. 11). The Court observes that no objections to the Report and Recommendation have been filed. The Court, having given de novo consideration to the issues presented in Defendant's Motion, pursuant to Title 28 U.S.C. § 636(b)(1)(B) and (C), and being duly advised in the premises, now finds that the Magistrate Judge's Report and Recommendation is well reasoned and supported by the facts, as well as the law. Accordingly, the Court adopts the Magistrate Judge's Report and

Recommendation in full and incorporates it by reference herein. IT IS THEREFORE ORDERED that Defendant's Motion to Dismiss is DENIED.

05/14/2009 Date: ______________
_______________________________ SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana

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Copies to: Peter H. Rosenthal LAW OFFICE OF PETER H. ROSENTHAL [e-mail] Mark Richard Waterfill DANN PECAR NEWMAN & KLEIMAN [e-mail]

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