Inhalation Plastics, Inc. v. Medex Cardio-Pulmonary, Inc.

Filing 358

ORDER adopting 357 the Report and Recommendation; Defendant's motion for attorneys' fees and taxation of costs is DENIED WITHOUT PREJUDICE as prematurely filed. Signed by Judge Michael H. Watson on 12/20/16. (jk)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Inhalation Plastics, Inc., Plaintiff, V. Medex Cardio-Pulmonary, Inc., et a!.. Case No. 2:07-cv-116 Defendants. Medex Cardlo-Pulmonary, Inc., Counter-Claimant, V. Judge Michael H. Watson Inhalation Plastics, Inc., et al., Counter-Defendants. ORDER On December 1,2016, Magistrate Judge Joison Issued a Report and Recommendation ("R&R") recommending the Court deny Defendants Medex Cardlo-Pulmonary, Inc. Smith Medical ASD's amended motion for attorneys' fees and taxation of costs, ECF No. 332, without prejudice as prematurely filed. R&R, ECF No. 357. The R&R notified the parties of their right to file objections to the R&R pursuant to 28 U.S.C. ยง 636(b)(1) and Federal Rule of Civil Procedure 72(b). The R&R further specifically advised the parties that the failure to object to the R&R within fourteen days would result in a waiver of the right to de novo review by the District Judge and waiver of the right to appeal the decision of the District Court. R&R 7, ECF No. 357. The deadline for filing such objections has passed, and no objections were filed. Accordingly, the R&R is ADOPTED. Defendants' motion for attorneys' fees and taxation of costs, ECF No. 332, is DENIED WITHOUT PREJUDICE as prematurely filed. The Court will hold a status conference in this case on Tuesday, January 10,2017 at 10:00 a.m. Counsel are directed to confer with one another prior to the status conference and be prepared to discuss with the Court: (1) what efforts have been made toward resolving this case; (2) how the parties wish to proceed. IT IS SO ORDERED. IICHAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT

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