Wolfe v. GC Services Limited Partnership-Delaware

Filing 13

ORDER Adopting Report and Recommendation for 6 Motion to Dismiss filed by GC Services Limited Partnership-Delaware, 12 Report and Recommendation. Signed by District Judge John Feikens. (THal)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARTIN WOLFE, Plaintiff , Civil No. 08-10628 Hon. John Feikens Magistrate Virginia Morgan

v. GC SERVICES LIMITED PARTNERSHIP­DELAWARE, Defendant. ________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION I have before me, Magistrate Virginia M. Morgan's Report and Recommendation ("Report"). In her Report, Magistrate Morgan recommends that I grant Defendant's Motion to Dismiss based on spoliation and fabrication of evidence. Neither party has filed objections to Magistrate Morgan's report during the time set aside for doing so. I find that Magistrate Morgan has throughly and correctly analyzed the issues and I agree with her recommendation. For these reasons, I ADOPT Magistrate Morgan's Report and GRANT Defendant's Motion to Dismiss based on spoliation and fabrication of the evidence. IT IS SO ORDERED. Date: January 30, 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 January 30, 2009, by U.S. first class mail or electronic means. s/Carol Cohron Case Manager