O'Rourke v. American Express Corporation

Filing 31

ORDER granting 8 Motion to Dismiss; adopting 27 Report and Recommendation on 8 Motion to Dismiss, 27 Report and Recommendation. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARY ELLEN O’ROURKE, Personal
Representative of the Estate of Thomas
P. O’Rourke,
Plaintiff,
vs

Case No: 10-14374
Honorable Victoria A. Roberts

AMERICAN EXPRESS COMPANY, INC.,
Defendant.
__________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION
Plaintiff filed objections to the Magistrate Judge's Report and Recommendation
to Grant Defendant's Motion to Dismiss.
Under FRCP 72(b), this Court is required to conduct a de novo review of any part
of the magistrate judge's disposition which is properly objected to; a second evidentiary
or motion hearing is not required.
The Court reviewed the papers filed in connection with the motion to dismiss, the
transcript of the motion hearing held on May 24, 2011, the Plaintiff's objections and the
Defendant's response to those objections, as well as the applicable law. Based on that
review, the Court ACCEPTS the magistrate judge's recommended disposition. The
Defendant's motion to dismiss is GRANTED.
IT IS ORDERED.

/s/ Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: July 13, 2011

The undersigned certifies that a copy of this
document was served on the attorneys of
record by electronic means or U.S. Mail on
July 13, 2011.
s/Linda Vertriest
Deputy Clerk