Herbert v. KC Robotics, Inc.

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court has reviewed the R&R (Doc. 21 ) and determined that it does not contain clear error. Therefore, the Court ADOPTS the R&R in its entirety. Signed by Magistrate Judge Karen L. Litkovitz on 09/24/2024. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
JEFF HERBERT,
Plaintiff,
v.
KC ROBOTICS, INC.,
Defendant.

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Case No. 1:23-cv-633
Judge Jeffery P. Hopkins
Chief Magistrate Judge Karen L.
Litkovitz

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the Report and Recommendation (the “R&R”)
issued by Chief Magistrate Judge Karen L. Litkovitz on August 21, 2024 (Doc. 21), which
recommends that: (1) Defendant KC Robotics, Inc.’s (“KCR”) Motion to Dismiss (Doc. 11)
be GRANTED in part and DENIED in part; 1 and (2) that Defendant KCR’s Motion to Strike
(Doc. 17) be DENIED as MOOT. Any objections to the R&R by the parties were due by
September 4, 2024.
About a month has passed since the R&R was issued and no objections have been
filed. Because no objections have been filed and the time for filing such objections under Fed.
R. Civ. P. 72(b) has expired, the Court reviews the R&R for clear error. See Fed. R. Civ. P.
72(b) advisory committee notes (“When no timely objection is filed, the court need only
satisfy itself that there is no clear error on the face of the record in order to accept the

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The R&R specifically GRANTS the Motion to Dismiss as it relates to Counts IX–XII, and XVI, and DENIES
the Motion to Dismiss as it relates to Counts I–VIII, and XIII–XV.

recommendation.”); Redmon v. Noel, No. 1:21-CV-445, 2021 WL 4771259, at *1 (S.D. Ohio
Oct. 13, 2021) (collecting cases).
The Court has reviewed the R&R (Doc. 21) and determined that it does not contain
clear error. Therefore, the Court ADOPTS the R&R in its entirety.
IT IS SO ORDERED.
Dated: September 24, 2024
Hon. Jeffery P. Hopkins
United States District Judge

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