Noble et al v. Worthington Industries Inc

Filing 69

ORDER adopting and affirming 68 the Report and Recommendation. Signed by Judge Michael H. Watson on 5/4/15. (jk) (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
EASTERN DIVISION

Mark Noble,

et a/.,

\

Plaintiffs,
Civil Action 2:13-cv-366
Judge Michael H. Watson
Magistrate Judge King

vs.
Worthington Industries, Inc.,
Defendant.

ORDER
The only claims remaining in this action are those originally asserted by
Plaintiff Brad Smith, whose death was suggested on the record. Suggestion of
Death, ECF No. 56. Boyd and Kathleen Smith, who have been identified as the
successors of the deceased plaintiff, Suggestion of Death of Brad Smith, ECF
No. 63, were served with process in accordance with Rule 25 of the Federal
Rules of Civil Procedure. Status Report, ECF No. 66. On January 13, 2015,
Boyd and Kathleen Smith were directed to file a motion for substitution as
plaintiffs in this action by April 7, 2015 if they intended to pursue the claims of the
deceased plaintiff. Order, ECF No. 67 (citing Fed. R. Civ. P. 25(a)(1 )). They
were specifically advised that their failure to do so would result in the dismissal of
those claims and of this action. /d. Boyd and Kathleen Smith have not filed a

motion for substitution as plaintiffs. On April 8, 2015, the United States
Magistrate Judge recommended that the claims of Brad Smith be dismissed and
that final judgment be entered in this action. Report and Recommendation, ECF
No. 68. Although the parties and Boyd and Kathleen Smith were advised of their
right to object to that recommendation and of the consequences of their failure to
do so, there has been no objection.
The Report and Recommendation, ECF No. 68, is ADOPTED AND

AFFIRMED.
The claims of Brad Smith are dismissed. The Clerk is DIRECTED to enter

FINAL JUDGMENT in this action.
The Clerk is DIRECTED to mail a copy of this Order to Boyd and Kathleen
Smith at 237 S. Greenlawn Avenue, Lima, OH 45807.
IT IS SO ORDERED.

M CHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT

Case No. 2:13-cv-366

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