GUTTIERREZ et al v. KENNEDY et al

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 39 Defendants' motion to dismiss Plaintiffs' motion and 30 Plaintiffs' motion to set aside fraudulent transfer of assets. Accordingly, Plaintiffs' motion to set aside fraudulent transfer of assets [Docket No. 30] is denied, and Defendants' motion to dismiss Plaintiffs' motion [Docket No. 39] is denied as moot. Signed by Judge William T. Lawrence on 7/20/2010. (TMA)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION BEN GUTTIERREZ, CHRISTINE ALESKI, MYRON SNYDER, and GUTTIERREZMcMULLEN, INC., Plaintiffs, vs. BEN KENNEDY, JOYCE KENNEDY, BRIAN KENNEDY, and KENNEDY MACHINE TOOL, INC., Defendants. ) ) ) ) ) ) ) ) ) ) )

1:09-mc-91-WTL-TAB

ADOPTION The Magistrate Judge submitted his Report and Recommendation. Parties were afforded due opportunity pursuant to statute and the rules of this Court to file objections. The Court, having considered the Magistrate Judge's Report and any objections thereto, and being duly advised, approves and adopts the Magistrate Judge's Report and Recommendation. Accordingly, Plaintiffs' motion to set aside fraudulent transfer of assets [Docket No. 30] is denied, and Defendants' motion to dismiss Plaintiffs' motion [Docket No. 39] is denied as moot. Dated: 07/20/2010
_______________________________ Hon. William T. Lawrence, Judge United States District Court Southern District of Indiana

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