Higgins v. Vitran Express Inc. et al

Filing 57

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 44 and 45 Report and Recommendations. Accordingly, Defendant Vitran Expresss motion to strike plaintiffs putative amended complaint is GRANTED (Doc. 37). Defendant Vitran Expresss alternative partia l motion to dismiss plaintiffs putative amended complaint is DENIED as moot.Defendant Parker-Hannifins motion to dismiss plaintiffs amended complaint (Doc. 40) is GRANTED.Defendant Parker-Hannifins motion for attorney fees (Doc. 40) is DENIED.. Signed by Chief Judge Susan J. Dlott on 7/14/10. (wam1)

Higgins v. Vitran Express Inc. et al

Doc. 57

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Reginald Higgins, Sr., Plaintiff(s), vs. Vitran Express, et. al., Defendant(s). : : : : : : : : :

Case Number: 1:09cv228 Chief Judge Susan J. Dlott

ORDER This matter is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Timothy S. Hogan. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on March 30, 2010 two Report and Recommendations (Docs. 44 and 45). Subsequently, the plaintiff filed objections to such Report and Recommendations (Doc. 48). The Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Recommendations should be adopted. Accordingly, Defendant Vitran Express's motion to strike plaintiff's putative amended complaint is GRANTED (Doc. 37). Defendant Vitran Express's alternative partial motion to dismiss plaintiff's putative amended complaint is DENIED as moot. Defendant Parker-Hannifin's motion to dismiss plaintiff's amended complaint (Doc. 40) is GRANTED.

Dockets.Justia.com

Defendant Parker-Hannifin's motion for attorney fees (Doc. 40) is DENIED. IT IS SO ORDERED.

___s/Susan J. Dlott___________ Chief Judge Susan J. Dlott United States District Court