PNC Equipment Finance, LLC v. Aero Toy Store, LLC et al

Filing 53

ORDER denying [44 & 26] Motions to Dismiss; adopting Report and Recommendation 45 . Case is recommitted to the United States Magistrate Judge for further proceedings. Signed by Judge Herman J. Weber on 11/7/12. (do1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

PNC EQUIPMENT FINANCE, LLC,
Plaintiff
v.

C-1-12-236

AERO TOY STORE, LLC,
et al.,
Defendants
ORDER
This

matter

is

before

the

Court

upon

the

Report

and

Recommendation of the United States Magistrate Judge (doc. no. 45) 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. 45) is hereby ADOPTED AND INCORPORATED HEREIN
BY REFERENCE.

Defendants’ two Motions to Dismiss for Insufficient

2
Service of Process (doc. nos. 26 and 44) are DENIED WITHOUT
PREJUDICE and plaintiff’s Motion to Strike Defendants’ Demand for a
Jury Trial on Their Counterclaim (doc. no. 27) is GRANTED.
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