Swartz et al v. DiCarlo

Filing 63

Order Adopting 47 Report and Recommendation granting re 6 Aultman Health Foundation's Motion to dismiss pleading incorrectly designated as a "cross claim", 22 Emeritus Senior Living's Motion for judgment on the pleadings and Notice of Party Dismissal. Judge Christopher A. Boyko on 8/6/2013. (R,D)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

JAMES R. SWARTZ, JR. et al.,
Plaintiffs,
vs.

MARK A. DICARLO,

Defendant.

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CASE NO. 1:12CV3112

JUDGE CHRISTOPHER A. BOYKO

ORDER

This Court has reviewed the Report and Recommendation (Doc.#47) of Magistrate
Judge McHargh regarding Cross-Claim Defendant Aultman Health Foundation’s (“Aultman”)
Motion to Dismiss (Doc.#6), and Cross Defendant Emeritus Senior Living’s (“Emeritus”)
Motion for Judgment on the Pleadings (Doc.#22). Defendant Mark DiCarlo filed a notice
of removal transferring this case to this Court. Included in Defendant’s Answer filed in Lake
County Common Pleas Court were allegations purporting to assert “claims” against
non-parties Aultman and Emeritus. The Magistrate Judge recommends that Defendants
Aultman and Emeritus’ Rule 12 Motions be GRANTED. Defendant DiCarlo has not filed
any objections to the Report and Recommendation.
FED. R. CIV.P. 72(b) provides that objections to a Report and Recommendation
must be filed within fourteen days after service, but Defendant has failed to timely file any
such objections. Therefore, the Court must assume that Defendant is 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 Recommendation (Doc.# 47 ) and
GRANTS Aultman’s Motion to Dismiss and Emeritus’ Motion for Judgment on the
Pleadings. Both parties are dismissed from this action.

IT IS SO ORDERED.
Dated: 8/6/2013

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