Killer Joe Nevada, LLC v. Does 1-57

Filing 26

ORDER that the R&R is ACCEPTED IN WHOLE. Defendant's motions to dismiss/motions to sever 11 and 12 are GRANTED in part and DENIED in part. The motion to sever all Defendants is GRANTED. All claims, other than the claim of P laintiff against Doe Defendant 1 are DISMISSED, without prejudice, to allow refiling of claims against Doe Defendants 2-57 in individual cases. Any refiled cases against Doe Defendants 2-57 shall be filed in the appropriate division of the Eastern Di strict of Tennessee. The motions to quash/motions for protective order 6 , 7 , 8 , 9 and 10 are GRANTED. Plaintiff shall serve Doe Defendant 1 within thirty (30) days of entry of this Memorandum and Order. Signed by Chief District Judge Thomas A Varlan on 12/6/13. (c/m) (ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
KILLER JOE NEVADA, LLC,
Plaintiff,
v.
DOES 1-57,
Defendants.

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No.: 3:13-CV-222-TAV-HBG

MEMORANDUM AND ORDER
On November 5, 2013, the Honorable H. Bruce Guyton, United States Magistrate
Judge, filed a Report and Recommendation (R&R) [Doc. 24] in which he recommended
that Plaintiff’s claims against Doe Defendants 2-57 be dismissed, without prejudice, for
improper joinder; that the pending motions to quash and/or for protective order be
granted; and that Plaintiff be given thirty days to serve Doe 1.
There being no timely objections by Plaintiff, see 28 U.S.C. § 636(b)(1), and the
Court being in complete agreement with the Magistrate Judge, the R&R is hereby
ACCEPTED IN WHOLE.

Accordingly, IT IS HEREBY ORDERED that

Defendant’s motions to dismiss/motions to sever [Docs. 11, 12] are GRANTED in part
and DENIED in part:
1. The motion to sever all Defendants is GRANTED.

2. All claims, other than the claim of Plaintiff against Doe Defendant 1 are
DISMISSED, without prejudice, to allow refilling of claims against Doe
Defendants 2-57 in individual cases.
3. Any refiled cases against Doe Defendants 2-57 shall be filed in the appropriate
division of the Eastern District of Tennessee.
4. The motions to quash/motions for protective order [Docs. 6, 7, 8, 9, 10] are
GRANTED.
5. Plaintiff shall serve Doe Defendant 1 within thirty (30) days of entry of this
Memorandum and Order.
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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