LaPine #305535 v. Caruso et al

Filing 171

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 157 ; denying motion 128 ; signed by Judge R. Allan Edgar (Judge R. Allan Edgar, cam)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
DARRIN LAPINE,
Plaintiff,
v.

Case No. 2:09-cv-214
HON. R. ALLAN EDGAR

PATRICIA CARUSO, et al.,
Defendants.
_____________________________________/
ORDER
Defendants Burnett and Vilgos move pursuant to Fed. R. Civ. P. 37 and 41(b) to dismiss the
plaintiff’s claims against them based on the plaintiff’s failure or refusal to appear for his discovery
deposition. [Court Doc. No. 128]. Magistrate Judge Timothy P. Greeley has submitted his report
and recommendation that the motion be denied. [Court Doc. No. 157]. Plaintiff Darrin LaPine
objects to the finding in the report and recommendation that he refused to participate in his discovery
deposition. After reviewing the record de novo, the Court concludes that the plaintiff’s objection
[Court Doc. No. 165] is DENIED.
The Court ACCEPTS and ADOPTS the report and recommendation pursuant to 28 U.S.C.
§ 636(b)(1) and W.D. Mich. LCivR 72.3(b).

For the reasons expressed in the report and

recommendation, the defendants’ motion to dismiss [Court Doc. No. 128] is DENIED.
SO ORDERED.
Dated:

8/2/2012

/s/ R. Allan Edgar
R. Allan Edgar
United States District Judge