Toney v. Weber and Olcese, PLC et al

Filing 32

OPINION and ORDER granting for 26 Motion to Dismiss filed by Michael Olcese, Weber and Olcese, PLC, Jeffrey Weber, and adopting 31 Report and Recommendation, Signed by District Judge Paul D Borman. (DGoo)

Toney v. Weber and Olcese, PLC et al

Doc. 32

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ANN TONEY, Plaintiff, Case No. 09-cv-14758 Paul D. Borman United States District Judge v. Virginia M. Morgan United States Magistrate Judge WEBER AND OLCESE, PLC, JEFFREY WEBER, MICHAEL OLCESE, ROBERT J. REZNICK, and DUE PROCESS OF MICHIGAN, Defendants. _________________________________/ OPINION AND ORDER (1) ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (DKT. NO. 31) AND (2) GRANTING DEFENDANTS WEBER AND OLCESE, PLC, JEFFREY WEBER AND MICHAEL OLCESE'S MOTION TO DISMISS (DKT. NO. 26) Before the Court is Magistrate Judge Virginia M. Morgan's November 15, 2010 Report and Recommendation Dismissing Defendants Weber and Olcese, PLC, Jeffrey Weber and Michael Olcese. (Dkt. No. 31.) Having reviewed that Report and Recommendation, and there being no timely objections from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(d), the Court ADOPTS the Magistrate Judge's Report and Recommendation and GRANTS Defendants Weber and Olcese, PLC, Jeffrey Weber and Michael Olcese's Motion to Dismiss as a Sanction for Failure to Comply With Discovery Order (Dkt. No. 26.) The Court notes that Defendants Robert J. Reznick and Due Process of Michigan were not included in the motion to dismiss and Plaintiff's claims against those Defendants remain.

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IT IS SO ORDERED.

S/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: December 22, 2010 CERTIFICATE OF SERVICE Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on December 22, 2010. S/Denise Goodine Case Manager

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