State of Ohio, ex rel., Michael DeWine, Ohio Attorney General v. Superior Fibers, Inc. et al

Filing 89

ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 86 in that 80 Plaintiff's Motion for Default Judgment is DENIED and this Court sua sponte dismisses Defendant Superior Fibers, Inc. for failure to timely effect service of process. Signed by Judge George C. Smith on 1/2/18. (sem)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
STATE OF OHIO,
ex rel., MICHAEL DEWINE,
OHIO ATTORNEY GENERAL,
Plaintiff,
vs.

Case No.: 2:14-cv-1843
JUDGE SMITH
Magistrate Judge Vascura

SUPERIOR FIBERS, INC., et al.,
Defendants.

ORDER
On December 7, 2017, the United States Magistrate Judge issued a Report and
Recommendation recommending that Plaintiff’s Motion for Default Judgment be denied and that
the Court sua sponte dismiss Defendant Superior Fibers, Inc. for failure to timely effect service
of process. (Doc. 86). The parties were specifically advised of their right to object to the Report
and Recommendation and of the consequences of their failure to do so. There has nevertheless
been no objection to the Report and Recommendation. On December 21, 2017, Plaintiff filed a
notice with the Court noting the agreement to dismissal of Defendant Superior Fibers, Inc. with
prejudice. (See Doc. 87).
Accordingly, the Report and Recommendation is hereby ADOPTED and AFFIRMED.
Plaintiff’s Motion for Default Judgment (Doc. 80) is hereby DENIED. Defendant Superior
Fibers, Inc. is hereby dismissed with prejudice for failure to timely effect service of process.
The Clerk shall remove Documents 80 and 86 from the Court’s pending motions list,
dismiss Defendant Superior Fibers, Inc., and close this case.

IT IS SO ORDERED.
/s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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