Sigmon v. Appalachian Coal Properties, Inc.
Filing
58
ORDER accepting in whole 57 the Report and Recommendation of USMJ H. Bruce Guyton whereby 51 defendant's Motion to modify the record on appeal is granted to the extent that the defendant is allowed to submit on appeal the documents submitted to chambers for review and a statement of proceedings as to the telephone conference; the motion is denied to the extent that the defendant seeks to include deposition transcripts which were not at issue during the telephone conference. Defendant� 39;s Motion to approve statement of proceedings 52 is granted to the extent that the defendant is allowed to file a statement of proceedings as to the August 28, 2008 telephone conference with Magistrate Judge Guyton. Signed by District Judge Thomas W Phillips on January 8, 2009. (AYB)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE
JAMES A. SIGMON, Plaintiff, v. APPALACHIAN COAL PROPERTIES, LLC, Defendant.
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No. 3:05-CV-591 ( Phillips)
ORDER There being no timely objection by the parties, see 28 U.S.C. § 636(b)(1), and the court being in complete agreement with the magistrate judge, the Report and Recommendation [Doc. 57] filed by the Honorable H. Bruce Guyton, United States Magistrate Judge, on November 21, 2008, is hereby ACCEPTED IN WHOLE whereby defendant's motion to modify the record on appeal [Doc. 51] is GRANTED to the extent that the defendant is allowed to submit on appeal the documents submitted to chambers for review and a statement of proceedings as to the telephone conference; the motion is DENIED to the extent that the defendant seeks to include deposition transcripts which were not at issue during the telephone conference. Defendant's motion to approve statement of proceedings [Doc. 52] is GRANTED to the extent that the defendant is allowed to file a statement of proceedings as to the August 28, 2008 telephone conference with Magistrate Judge Guyton.
IT IS SO ORDERED.
ENTER: s/ Thomas W. Phillips United States District Judge
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