LOEBE v. KOLFAGE et al

Filing 40

ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court, having considered the Magistrate Judge's Report and Recommendation, hereby adopts the Magistrate Judge's Report and Recommendation. Defendant Logan Elia's Motion to Dismiss is hereby GRANTED. Plaintiff's Motion for Leave to File Sur-Reply in Support of Plaintiff's Response in Opposition to Motion to Strike (Dkt. 33) is GRANTED and Defendant Logan Elia's Motion to Strike Plaintiff's Sur-Reply in Opposition to Defendant's Motion to Dismiss is DENIED as MOOT (Dkt. 31). Copy to Parties via U.S. Mail. Signed by Judge Tanya Walton Pratt on 11/24/2015. (JLS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

PAUL LOEBE, II,
Plaintiff,
vs.
BRIAN G. KOLFAGE, SR.,
SCOTT KUHNEN,
LOGAN ELIA,
BRIAN G. KOLFAGE, JR. also known as
SENIOR AIRMAN BRIAN KOLFAGE,
ASHLEY KOLFAGE,
Defendants.

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No. 1:15-cv-00903-TWP-MJD

ORDER ADOPTING REPORT AND RECOMMENDATION
The Magistrate Judge submitted his Report and Recommendation on Defendant Logan
Elia’s Motion to Dismiss (Dkt. 20). The parties were afforded due opportunity pursuant to statute
and the rules of this Court to file objections; none were filed. The Court, having considered the
Magistrate Judge’s Report and Recommendation, hereby adopts the Magistrate Judge’s Report and
Recommendation. Defendant Logan Elia’s Motion to Dismiss is hereby GRANTED. Plaintiff’s
Motion for Leave to File Sur-Reply in Support of Plaintiff’s Response in Opposition to Motion to
Strike (Dkt. 33) is GRANTED and Defendant Logan Elia’s Motion to Strike Plaintiff’s Sur-Reply
in Opposition to Defendant’s Motion to Dismiss is DENIED as MOOT (Dkt. 31).

Date: 11/24/2015

Distribution:
SCOTT KUHNEN
412 Colden Pold Road
Ellerbe, NC 28338
PAUL LOEBE, II
P.O. Box 744
Anderson, IN 46015
BRIAN G. KOLFAGE, SR.
.24706 Michigan Avenue
Dearborn, MI 48124
Louis J. Britton
KIGHTLINGER & GRAY
[e-mail]
Michael E. Brown
KIGHTLINGER & GRAY
[e-mail]