Brown v. Arch Wood Protection, Inc. et al

Filing 47

ORDER: The Court shall adopt the report and recommendation as and for its own opinion. Accordingly, IT IS HEREBY ORDERED that the Magistrate Judge's report and recommendation R. 45 is hereby APPROVED and ADOPTED as for t he opinion of the Court and, that in conformity therewith, Defendant Chemical Specialties, Inc.'s Motion to Dismiss R. 3 be OVERRULED and Defendants Arch Wood Protection, Inc., Osmose, Inc., Koppers, Inc., and T.R. Miller Mill Co., Inc.'s Joint Motion to Dismiss R. 11 be OVERRULED. Signed by Judge Henry R. Wilhoit, Jr on 2/28/14.(KSS)cc: COR

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF KENTUCKY

NORTHERN DIVISION

ASHLAND

CIVIL ACTION NO. 13-61

PLAINTIFF,

KEVIN BROWN,
ORDER

v.

ARCH WOOD PROTECTION, INC., et ai.,

DEFENDANTS.

This matter is before the Court upon Defendant Chemical Specialties, Inc.'s Motion to
Dismiss [R. 3] and Defendants Arch, Osmose, Koppers, and T.R. Miller's Joint Motion to
Dismiss [R. 11]. Pursuant to 28 U.S.C. § 636(b), the undersigned referred the motions to
Magistrate Judge Candace J. Smith for a report and recommendation.
On February 13,2014, the Magistrate issued her report and recommendation the Motions
to Dismiss be overruled [R. 45].
Defendants filed timely objections to the Magistrate's Report and Recommendation [R.
46]. The Court having reviewed the objections, as well as the record, finds nothing therein
which would contradict or call into question the findings ofthe Magistrate. The Objections are,
essentially, a reiteration of the arguments set forth in the Defendants' dispositive motion. Those
arguments were considered and rejected by the Magistrate Judge and Defendants offer no
additional argument or precedent which would persuade this Court to differ with the Magistrate
Judge's recommendation.
Thus, the Court shall adopt the report and recommendation as and for its own opinion.
Accordingly, IT IS HEREBY ORDERED that the Magistrate Judge's report and
recommendation [R. 45] is hereby, APPROVED and ADOPTED as for the opinion of the Court

and, that in conformity therewith, Defendant Chemical Specialties, Inc.' s Motion to Dismiss (R.
3] be OVERRULED and Defendants Arch Wood Protection, Inc., Osmose, Inc., Koppers Inc.,
and T.R. Miller Mill Co., Inc.'s Joint Motion to Dismiss (R. 11] be OVERRULED.
This 28 th day of February, 2014.