Cabell Financial Corporation v. Gurr et al

Filing 22

Order Adopting Report and Recommendations 20 21 granting 15 Defendant Leo L. Azure's Motion to dismiss for lack of personal jurisdiction, and granting 14 Defendants Theodore M. Gurr and Annette Gurr's Motion to dismiss for failure to state a claim , and Order of Case Dismissal. Judge Christopher A. Boyko on 12/17/2012. (R,D)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

CABELL FINANCIAL CORPORATION, )
)
Plaintiff,
)
)
vs.
)
)
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THEODORE M. GURR, et al.,
)
)
)
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Defendants.
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)

CASE NO. 1:12CV473

JUDGE CHRISTOPHER A. BOYKO

ORDER

This Court has reviewed the Report and Recommendation (Doc.# 21) of Magistrate
Judge William H. Baughman, Jr. regarding the Motion of Defendants Theodore M. Gurr
and Annette Gurr to dismiss the case against them pursuant to Rule 12(b)(6) (Doc.#14),
and the Report and Recommendation (Doc.#20) of the Magistrate Judge regarding the
Motion of Defendant Leo L. Azure (aka Larry L. Azure) to dismiss the case against him for
lack of personal jurisdiction (Doc.#15).

The Magistrate Judge recommended that

Defendants’ Motions to Dismiss be granted.
FED. R. CIV.P. 72(b) provides that objections to a Report and Recommendation
must be filed within fourteen days after service, but the parties have failed to timely file any
such objections. Therefore, the Court must assume that the parties are satisfied with the
Magistrate Judge’s recommendation.

Any further review by this Court would be a

duplicative and inefficient use of the Court’s limited resources. Thomas v. Arn, 728 F.2d
813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human

Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th
Cir.1981).
Therefore, the Court adopts in full the Report and Recommendations (Docs.# 20
and 21) and grants Defendants Annette Gurr and Theodore M Gurr’s Motion to Dismiss
(Doc. #14), and Defendant Leo L. Azure’s Motion to Dismiss (Doc.#15) and dismisses the
case.

IT IS SO ORDERED.
Dated: 12/17/2012

S/Christopher A. Boyko
CHRISTOPHER A. BOYKO
UNITED STATES DISTRICT JUDGE