Modern Holdings, LLC et al v. Corning, Inc. et al

Filing 581

ORDER: Judge Atkins's Report and Recommendation R. 573 will not be adopted because these parties have already been dismissed with prejudice, rending the matter moot. Signed by Judge Gregory F. VanTatenhove on 4/19/22.(JLM)cc: COR

Case: 5:13-cv-00405-GFVT-EBA Doc #: 581 Filed: 04/19/22 Page: 1 of 2 - Page ID#:
22588

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
LEXINGTON
MODERN HOLDINGS, LLC, et al.,
Plaintiffs
v.
CORNING, INC., et al.,
Defendants.

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Civil No. 5:13-cv-00405-GFVT

ORDER

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This matter is before the Court on a Report and Recommendation filed by Judge Edward
B. Atkins on March 11, 2022. [R. 573.] Pursuant to Rule 41 of the Federal Rules of Civil
Procedure, Judge Atkins recommends that the following Plaintiffs’ claims be dismissed with
prejudice for failing to cooperate in the prosecution:
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Misti Llamas;
Jonathan Llamas;
Robert Bradley Miller;
Holly Gooch;
James Ross;
Stacy Wilson;
Darlene Hagan; and
Christian Cheak.

Id. However, in a Memorandum Opinion & Order signed on January 28, 2022, this Court
Granted the Defendants’ motion to dismiss with prejudice all of the above individuals, in
addition to Elana Ford, Hugh Shepard, and Nancy Vanover. [R. 559 at 4.] Therefore, Judge
Atkins’s Report and Recommendation will not be adopted because it is moot.

Case: 5:13-cv-00405-GFVT-EBA Doc #: 581 Filed: 04/19/22 Page: 2 of 2 - Page ID#:
22589

Accordingly, and the Court being sufficiently advised, it is hereby ORDERED that
Judge Atkins’s Report and Recommendation [R. 573] will not be adopted because these parties
have already been dismissed with prejudice, rending the matter moot.
This the 19th day of April, 2022.

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