Parton v. Smoky Mountain Knife Works, Incorporated et al

Filing 51

ORDER that the Court ACCEPTS IN WHOLE the R&R 50 and the Court's rulings are as follows: Defendants' motion to dismiss for failure to prosecute 20 is DENIED; defendants' motion for reconsideration or clarification 16 and 18 is DENIED; and plaintiff's claim for outrageous conduct is DISMISSED, to the extent that claim is based upon the alleged sexual assault/rape. Signed by District Judge Thomas A Varlan on 7/18/12. (ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
JENNIFER LYNN PARTON,

)
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Plaintiff,
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v.
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SMOKY MOUNTAIN KNIFE WORKS, et al., )
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Defendants.
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No.:

3:10-CV-436
(VARLAN/GUYTON)

ORDER
This civil matter is before the Court on the Report and Recommendation (the “R&R”)
entered by United States Magistrate Judge H. Bruce Guyton on June 28, 2012 [Doc. 50]. There
have been no timely objections to the R&R, and enough time has passed since the filing of the
R&R to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ.
P. 72(b). In the R&R [Doc. 50], Magistrate Judge Guyton recommended the following: that

defendants’ motion to dismiss for failure to prosecute [Doc. 20] be denied; that defendants’
motion for reconsideration or clarification [Docs. 16, 18] be denied; and that, based upon the
parties’ agreement, plaintiff’s claim for outrageous conduct, to the extent that claim is based
upon the alleged sexual assault/rape, be dismissed.
After a careful review of the matter, the Court is in agreement with Magistrate Judge
Guyton’s recommendations, which the Court adopts and incorporates into its ruling.
Accordingly, the Court ACCEPTS IN WHOLE the R&R [Doc. 50] and the Court’s rulings
are as follows: defendants’ motion to dismiss for failure to prosecute [Doc. 20] is DENIED;

defendants’ motion for reconsideration or clarification [Docs. 16, 18] is DENIED; and,
plaintiff’s claim for outrageous conduct is DISMISSED, to the extent that claim is based
upon the alleged sexual assault/rape.
IT IS SO ORDERED.

s/ Thomas A. Varlan
UNITED STATES DISTRICT JUDGE

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