Trinc, Incorporated et al v. Radical Wheel, LLC et al

Filing 55

ORDER Adopting 52 Report and Recommendation for 25 Motion for Partial Summary Judgment, filed by All Defendants. Defendants' Motion for Partial Summary Judgment on Counts I,II and III of Plaintiffs' Amended Complaint with respect to defendants Gross and Dennis - GRANTED. Defendants' Motion for Partial Summary Judgment on Counts II and III of Plaintiffs' Amended Complaint with respect to defendant Radial Wheel - GRANTED. Signed by District Judge John Feikens. (CCoh)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TRINC, INC., a Michigan corporation, and PIERRE J. AUGIER, a Michigan resident, Plaintiffs, Civil No.07-12488 Hon. John Feikens Magistrate Judge Steven D. Pepe

v. RADIAL WHEEL, LLC, a Georgia limited liability company, CLEMENT O. DENNIS, a Georgia resident, and STEPHEN R. GROSS, a Georgia resident, Defendants. ________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION I have before me Magistrate Judge Steven D. Pepe's Report and Recommendation ("Report"). In his Report, Judge Pepe recommends that I grant summary judgment to Defendants Dennis and Gross with regard to Counts I, II, and III of Plaintiffs' Amended Complaint. Judge Pepe also recommends that I grant summary judgment to Defendant Radial Wheel on Counts II and III of Plaintiffs' Amended Complaint.. Neither party has filed objections to the Report. I find that Judge Pepe has thoroughly and correctly analyzed the issues and I agree with his recommendation. For these reasons, I ADOPT Judge Pepe's Report and GRANT Defendants' Motion for Partial Summary Judgment on Counts I, II, and III of Plaintiffs' Amended Complaint with respect to Defendants Gross and Dennis. Additionally, I GRANT Defendants' Motion for Partial Summary Judgment on Counts II and III of Plaintiffs' Amended Complaint with respect to Defendant Radial Wheel.

IT IS SO ORDERED. Date: March 19, 2009 s/ John Feikens John Feikens United States District Judge

Proof of Service I hereby certify that the foregoing order was served on the attorneys/parties of record on March 19, 2009 by U.S. first class mail or electronic means. s/Carol Cohron Case Manager