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

Filing 48

ORDER adopting Report and Recommendation 37 ; denying 19 Motion to Dismiss for Lack of Jurisdiction. Case is Recommitted to the Magistrate Judge. Signed by Judge Herman J. Weber on 11/19/09. (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 C-1-08-468

ORDER This matter is before the Court upon the Report and

Recommendation of the United States Magistrate Judge (doc. no. 37) to which no objections have been filed. 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.

2 The Report and Recommendation of the United States Magistrate Judge (doc. no. 37) is hereby ADOPTED AND INCORPORATED HEREIN BY REFERENCE. Defendant's Motion to Dismiss the Amended Complaint (doc. no. 19) is DENIED. 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