Lucas v. Doe et al

Filing 75

ORDER adopting Report and Recommendation re 65 Report and Recommendation granting 32 Motion to Strike; granting 33 Motion to Vacate upon the substitution of a correctly named party; granting 50 Motion to Set Aside Default. Signed by Judge Michael R. Barrett on 4/18/17. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Vincent Lucas, Plaintiff, v. Case No. 1:16cv790 Desilva Automotive Services, et al., Judge Michael R. Barrett Defendants. ORDER This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on March 20, 2017 (Doc. 65). Proper notice has been given to the parties under 28 U.S.C. ' 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge=s Report and Recommendation have been filed. Accordingly, it is ORDERED that the Report and Recommendation (Doc. 65) of the Magistrate Judge is hereby ADOPTED. Plaintiff’s Motion to Strike (Doc. 32) is GRANTED IN PART consistent with the recommendation by the Magistrate Judge; Plaintiff’s Motion to Vacate (Doc. 33) as construed by the Magistrate Judge as a Motion to Amend Complaint DISMISSES Freeport Ventures, LLC a California company, upon the substitution of a correctly named party; and the Filippo Defendants’ Motion to Set Aside Default (Doc. 50) is GRANTED. IT IS SO ORDERED. /s/ Michael R. Barrett Michael R. Barrett United States District Judge 1

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