Rosser International, Inc. v. Jack Rouse Associates, Inc.

Filing 62

ORDER adopting Report and Recommendation 59 ; denying 26 Motion to Dismiss. Case is recommitted to the United States Magistrate Judge. Signed by Judge Herman J. Weber on 3/29/10. (do1)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION ROSSER INTERNATIONAL, INC., Plaintiff v. JACK ROUSE ASSOCIATES, INC., Defendant ORDER This matter is before the Court upon the Order and Report and Recommendation of the United States Magistrate Judge (doc. no. 59) to which neither party has objected. The Report and Recommendation of the United States Magistrate Judge (doc. no. 59) is hereby ADOPTED AND INCORPORATED HEREIN BY REFERENCE. The Motion to Dismiss filed by Counterclaim Defendants Griffin, Vaughan and Paul (doc. no. 26) is DENIED subject to re-filing after the completion of fact discovery or, in any event, by June 18, 2010. 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-1-08-681