Comspec International, Inc. v. Rentsonic, LLC et al

Filing 22

Opinion and Order Accepting and Adopting 20 Magistrate Judge Komives January 17, 2012 Report and Recommendation and Denying 16 and 17 Defendants Motion to Dismiss Signed by District Judge Bernard A. Friedman. (SJa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

COMSPEC INTERNATIONAL, INC.,
Plaintiff,

Case No. 10-12601
HON. BERNARD A. FRIEDMAN
MAGISTRATE JUDGE PAUL J. KOMIVES

v.
RENTSONIC, LLC., et al.,
Defendants.
________________________________________/
OPINION AND ORDER ACCEPTING AND ADOPTING MAGISTRATE JUDGE
KOMIVES’ JANUARY 17, 2012 REPORT AND RECOMMENDATION DENYING
DEFENDANTS’ MOTION TO DISMISS
This matter is before the Court on Magistrate Judge Paul J. Komives’ Report and
Recommendation (“R and R”) dated January 17, 2012, recommending that the Court deny
Defendants’ Motion to Dismiss. Neither party filed an objection to the R and R.
This Court has had an opportunity to fully review this matter and the parties’ filings, and
believes that the Magistrate Judge has reached the correct conclusions for the proper reasons.
The Court hereby adopts pages 1-3 of the R and R, comprising the procedural background of this
matter, as though restated herein.
Defendants’ motion does not contain any factual support or evidence, and contains only
five one-sentence arguments, without any further analysis. As discussed in the R and R, the
Court finds that Defendants’ motion should be denied because it does not comply with the
requirement in Fed. R. Civ. P. 7(b)(1) that a motion must “state with particularity the grounds for
seeking the order.”
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Accordingly,
IT IS HEREBY ORDERED that Magistrate Judge Paul J. Komives’ Report and
Recommendation dated January 17, 2012, is hereby accepted and adopted.
IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss is DENIED.

Dated: February 3, 2012
Detroit, Michigan

s/Bernard A. Friedman
BERNARD A. FRIEDMAN
UNITED STATES DISTRICT JUDGE

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