WAGNER et al v. MIZUHO ORTHOPEDIC SYSTEMS, INC.

Filing 80

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 79 Report and Recommendations - The Court hereby REMANDS this matter back to the Marion Superior Court. Signed by Judge Tanya Walton Pratt on 7/5/2012.(JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

JANE E. WAGNER, and
ROBERT A. WAGNER,
Plaintiffs,
vs.
MIZUHO ORTHEPEDIC
SYSTEMS, INC.
Defendants.

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NO. 1:11-cv-00433-TWP-MJD

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
The Court has reviewed and considered the Magistrate Judge’s Report and
Recommendation [Docket No. 79] recommending that the Court remand this matter to back to
the Marion Superior Court for lack of subject matter jurisdiction. The parties were afforded due
opportunity to file objections. No objections to the Report and Recommendation have been
filed, and the time for filing such objections has expired.
The Court, having given de novo consideration to the issue presented pursuant to Title 28
U.S.C. § 636(b)(1)(B) and (C), and being duly advised in the premises, 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.
Accordingly, the Court hereby REMANDS this matter back to the Marion Superior
Court.
IT IS SO ORDERED.
Date:

07/05/2012

Copies to: All counsel of record via CM/ECF.

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Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana