Berg v. Invacare Corp.

Filing 45

ORDER Adopting 43 REPORT AND RECOMMENDATION; denying 32 MOTION to Dismiss filed by Invacare Corp. and Amending Scheduling Order: Fact Discovery due by 7/26/2019, Expert Discovery due 11/11/2019, Dispositive Motion Cut-off set for 12/13/2019, Joint Final Pretrial Order due 3/16/2020, Final Pretrial Conference set for 3/23/2020 02:30 PM before District Judge Arthur J. Tarnow. Signed by District Judge Arthur J. Tarnow. (MLan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PATRICIA BERG,
Case No. 17-12362
Plaintiff,
SENIOR U.S. DISTRICT JUDGE
ARTHUR J. TARNOW

v.
INVACARE CORP.,

U.S.MAGISTRATE JUDGE
DAVID R. GRAND

Defendant.
/
ORDER ADOPTING REPORT AND RECOMMENDATION [43]; DENYING
DEFENDANT’S MOTION TO DISMISS [32]; AND AMENDING SCHEDULING ORDER
On December 27, 2018, Defendant Invacare Corp. filed a Motion to Dismiss
for Plaintiff’s Failure to Appear at Deposition as well as Produce Husband for
Deposition [32] pursuant to Fed. R. Civ. P. 37(d) and 37(b)(1). Plaintiff Patricia
Berg, through counsel, filed a Response [34] on January 10, 2019. Defendant filed
a Reply [36] on January 17, 2019.
On March 12, 2019, this Court referred the Motion to Dismiss [32] to the
Magistrate Judge for report and recommendation.
On April 25, 2019, following a hearing on the Motion [32], the Magistrate
Judge issued a Report & Recommendation [43] (“R&R”) recommending that the

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Court deny Defendant’s Motion to Dismiss [32] and amend the scheduling order.
Neither party has filed any objection to the R&R.
The Court having reviewed the record, the R&R [43] is hereby ADOPTED
and entered as the findings and conclusions of the Court.
IT IS ORDERED that Defendant’s Motion to Dismiss [32] is DENIED.
IT IS FURTHER ORDERED that the scheduling order is HEREBY
AMENDED to reflect the dates set forth in the R&R.
SO ORDERED.

Dated: May 22, 2019

s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge

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