Berg v. Frobish et al

Filing 328

ORDER ADOPTING REPORT AND RECOMMENDATIONS: 203 Memorandum and Report and Recommendations are adopted in their entirety. Further, plaintiff's 115 Motion For Emergency Preliminary Injunction For Order To Compel Budget, Records And Access To Meetings Or For A Writ Of Mandamus is overruled. Signed by Chief Judge Kathryn H. Vratil on 7/3/2013. (mg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JERRY L. BERG,

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Plaintiff/
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Counterclaim Defendant, )
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v.
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JON L. FROBISH, et al.,
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Defendants/
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Counter Claimants.
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____________________________________)

CIVIL ACTION
No. 12-1123-KHV

ORDER ADOPTING REPORT AND RECOMMENDATIONS
On March 13, 2013, Magistrate Judge Kenneth G. Gale issued a report and recommendations
with respect to plaintiff’s Motion For Emergency Preliminary Injunction For Order To Compel Budget,
Records And Access To Meetings Or For A Writ Of Mandamus (Doc. #115) filed November 21, 2012.
Magistrate Judge Gale recommended that this Court deny plaintiff’s motion as both redundant and moot.
See Memorandum And Order And Report & Recommendations (Doc. #203) filed March 13, 2013.
Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(a), Fed. R. Civ. P., plaintiff had 14 days to file a written
objection. Plaintiff has not done so. For this reason, and for substantially the reasons stated by
Magistrate Judge Gale, the Court ADOPTS the Report and Recommendations (Doc. #203) in their
entirety.
IT IS THEREFORE ORDERED that the Memorandum And Report & Recommendations
(Doc. #203) filed March 13, 2013 be and hereby are adopted in their entirety.
IT IS FURTHER ORDERED that plaintiff’s Motion For Emergency Preliminary Injunction
For Order To Compel Budget, Records And Access To Meetings Or For A Writ Of Mandamus (Doc.
#115) filed November 21, 2012, be and hereby is OVERRULED.

Dated this 3rd day of July, 2013, at Kansas City, Kansas.
s/ Kathryn H. Vratil
KATHRYN H. VRATIL
United States District Judge

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