Kozak et al v. Lake State Railway Company et al

Filing 30

ORDER Adopting 27 Report and Recommendation and that Plaintiffs Wil Gamble, Rebecca Gillard, Kevin Mitrzyk, Mark Nagy, Gary Peters, Natalie Rigg, Lyle Tolfree, John Tryban, Tina Wogan, Margie Brigham and Kathy Cooper are Dismissed without Prejudice Signed by District Judge Thomas L Ludington. (LHac)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION THOMAS R. KOZAK, THOMAS S. KOZAK, Plaintiffs, v. LAKE STATE RAILWAY COMPANY, STRAITS CORPORATION, SAGINAW MIDLAND MUNICIPAL WATER SUPPLY CORPORATION, REBECCA GILLARD, LYLE TOLFREE, JOHN TRYBAN, KATHY COOPER, KEVIN MITRZYK, MARGIE BRIGHAM, MARK NAGY, NATALIE RIGG, TINA WOGAN, WIL GAMBLE, WILLIAM F. BARTLETT, GARY PETERS, Defendants. / ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CERTAIN OF PLAINTIFFS' CLAIMS WITHOUT PREJUDICE This matter is before the Court on a report and recommendation issued by Magistrate Judge Charles E. Binder on May 24, 2010. Judge Binder recommends that the Court dismiss without prejudice for failure to timely serve pursuant to Federal Rule of Civil Procedure 4(m), Plaintiffs' claims against Defendants Rebecca Gillard, Lyle Tolfree, John Tryban, Kathy Cooper, Kevin Mitrzyk, Margie Brigham, Mark Nagy, Natalie Rigg, Tina Wogan, Wil Gamble, and Gary Peters. As of today's date, no party has filed any objections to Judge Binder's report and recommendation. The decision to not object to the Judge Binder's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). Nonetheless, the Court agrees with the report and recommendation. Case Number 09-14695-BC Honorable Thomas L. Ludington Magistrate Judge Charles E. Binder Accordingly, it is ORDERED that the report and recommendation [Dkt # 27] is ADOPTED. It is further ORDERED that Plaintiffs' claims against Defendants Rebecca Gillard, Lyle Tolfree, John Tryban, Kathy Cooper, Kevin Mitrzyk, Margie Brigham, Mark Nagy, Natalie Rigg, Tina Wogan, Wil Gamble, and Gary Peters are DISMISSED WITHOUT PREJUDICE. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: June 21, 2010 PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on June 21, 2010. s/Tracy A. Jacobs TRACY A. JACOBS -2-

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