National City Commericial Capital Company LLC v. Caliber Homes LLC et al

Filing 33

ORDER denying as moot 11 Motion to Dismiss; adopting Report and Recommendations 17 . Case is recommitted to the Magistrate. Signed by Judge Herman J. Weber on 3/1/09. (do, )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION NATIONAL CITY COMMERCIAL CAPITAL COMPANY, LLC, Plaintiff v. CALIBER HOMES, LLC, et al., Defendants ORDER This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 17) to which neither party has objected. Upon a de novo review of the record, the Court finds that the Judge has accurately set forth the applicable law and has properly applied it to the particular facts of this case. Accordingly, in the absence of any objection by plaintiff, this Court accepts the Report as uncontroverted. The Report and Recommendation of the United States Magistrate Judge (doc. no. 17) is hereby ADOPTED AND INCORPORATED HEREIN BY REFERENCE. Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction (doc. no. 11) be DENIED AS MOOT. This case is RECOMMITTED to the United States Magistrate Judge for further proceedings according to law. IT IS SO ORDERED. s/Herman J. Weber Herman J. Weber, Senior Judge United States District Court C-1-08-468