Easterling v. TJK-ELS West End Inc

Filing 19

ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE MICHAEL J. NEWMAN (ECF 16 ), DENYING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION (ECF 2 ), FINDING MOOT DEFENDANT'S MOTION TO DISMISS (ECF 12 ), OVERRULING PLAIN TIFF'S OBJECTIONS (ECF 17 ), GRANTING DEFENDANT'S MOTION TO DISMISS (ECF 14 ), AND TERMINATING CASE. Signed by Judge Thomas M. Rose on 10/3/17. (ep)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

Warren Easterling, r
Plaintiff,
v.

Case No. 3:17-cv-067
Judge Thomas M. Rose

TJK-ELS West End Inc., doing business as
Domino's Pizza,
Defendant.

ENTRY
AND
ORDER
ADOPTING
REPORT
AND
RECOMMENDATIONS OF MAGISTRATE JUDGE MICHAEL J.
NEWMAN (ECF 16), DENYING PLAINTIFF’S MOTION FOR A
PRELIMINARY INJUNCTION (ECF 2), FINDING MOOT
DEFENDANT’S MOTION TO DISMISS (ECF 12), OVERRULING
PLAINTIFF’S OBJECTIONS (ECF 17), GRANTING DEFENDANT’S
MOTION TO DISMISS (ECF 14), AND TERMINATING CASE.

This case is before the Court on Plaintiff’s Motion for a Preliminary Injunction (ECF 2),
Magistrate Judge Michael J. Newman’s Report and Recommendations, (ECF 16), Plaintiff Warren
Easterling=s Objections to the Report and Recommendations, (ECF 17), Defendant’s Motion to
Dismiss (ECF 12), and Plaintiff Warren Easterling=s Motion for Relief from Judgment. (ECF 14).
The Report and Recommendation would have the Court deny Plaintiff’s Motion for a Preliminary
Injunction (ECF 2), find moot Defendant’s Motion to Dismiss (ECF 12), grant Defendants
Amended Motion to Dismiss (ECF 14), dismiss without prejudice Plaintiff’s Complaint (ECF
1-1), and terminate this case.

As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court has
made a de novo review of the record in this case, taking into consideration all objections. Upon
said review, the Court finds that the objections, (ECF 17), to Report and Recommendations, (ECF
16), are not well taken and they are hereby OVERRULED. Wherefore, the Court ADOPTS IN
FULL the Magistrate Judge=s Report and Recommendations. (ECF 16) Plaintiff’s Motion for a
Preliminary Injunction (ECF 2) is DENIED, Defendant’s Motion to Dismiss (ECF 12) is MOOT,
Defendant’s Amended Motion To Dismiss (ECF 14) is GRANTED, Plaintiff’s Complaint (ECF
1-1) is DISMISSED WITHOUT PREJUDICE, and the instant case is TERMINATED.
DONE and ORDERED in Dayton, Ohio, on Tuesday, October 3, 2017.

s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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