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)

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. § 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