Daniels v. Windham Group, L.L.C., et al
ORDER Accepting 36 Report and Recommendation, Granting Defendant's 22 Motion to Dismiss, and Dismissing Plaintiff's Complaint. Signed by District Judge George Caram Steeh. (CGre)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 10-CV-13322
HON. GEORGE CARAM STEEH
WINDHAM GROUP, L.L.C., et al.,
ORDER ACCEPTING REPORT AND RECOMMENDATION (#36),
GRANTING DEFENDANT’S MOTION TO DISMISS, AND
DISMISSING PLAINTIFF’S COMPLAINT
On August 23, 2010, this personal injury action was removed from state court. On
February 28, 2011, the court ordered responses to outstanding discovery requests.
Plaintiff failed to comply with that order. On March 11, 2011, defendant Windham Group
LLC filed a motion to dismiss. A hearing was held on that motion at which time plaintiff’s
counsel indicated that she had been unable to communicate with plaintiff for a number of
months. On May 4, 2011, the court ordered plaintiff to show cause in writing by May 11,
2011, why her complaint should not be dismissed for failure to prosecute. Plaintiff failed
to respond to the order to show cause. On May 19, 2011, Magistrate Judge Hluchaniuk
issued a Report and Recommendation recommending defendant’s motion to dismiss be
granted and plaintiff’s complaint be dismissed. The objection deadline has passed and no
objections were filed. The court has reviewed the Report and Recommendation, and in the
absence of timely objection,
The court hereby adopts Magistrate Judge Hluchaniuk’s May 19, 2011 Report and
Recommendation, grants defendant’s motion to dismiss, and dismisses plaintiff’s complaint.
Dated: June 9, 2011
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record by
electronic and/or ordinary mail.
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