Jones et al v. Allen, et al

Filing 165

ORDER adopting 62 the Report and Recommendation and denying 86 Defendants' Motion for Judgment on the Pleadings. Signed by Judge Michael H. Watson on 3/25/14. (jk1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Craig S. Jones, et a/.,
Plaintiffs,

Case No. 2:11-cv-380

v.

Judge Michael H. Watson
Magistrate Judge Kemp

Kerry A. Allen, Plan,
Administrator, eta/.
Defendants.
ORDER
On January 30, 2014, United States Magistrate Judge Kemp, to whom this
case was referred pursuant to 28 U.S.C. § 636(b)(1 )(B) and General Order 95-2
for the Southern District of Ohio Eastern Division, filed a Report and
Recommendation concerning the disposition of Defendants' motion for judgment
on the pleadings as to Count II of this ERISA case. ECF No. 162. The Report
and Recommendation recommended denying the motion.
The Report and Recommendation notified the parties of their right to file
objections to the Report and Recommendation pursuant to 28 U.S.C.

§ 636(b )( 1). The Report and Recommendation further specifically advised the
parties that the failure to object to the Report and Recommendation within
fourteen days would result in a waiver of both the right to de novo review by the
District Judge and the right to appeal the decision of the District Court adopting

the Report and Recommendation. Report and Recommendation 16, ECF No.
162. The deadline for filing such objections has passed, and no objections were
filed.
Accordingly, having received no objections, the Report and
Recommendation is ADOPTED, and Defendants' motion for judgment on the
pleadings, ECF No. 86, is denied. The Clerk shall remove ECF No. 86 from the
Civil Justice Reform Act motions report
IT IS SO ORDERED.

MitJJfs{f!u~

UNITED STATES DISTRICT COURT