Waitman et al v. Smoky Mountain Children's Home (TV3)

Filing 75

ORDER: The Court ACCEPTS IN WHOLE the R&R [Doc. 71 ]. The Court hereby GRANTS in part and DENIES in part Defendant's Motion for Sanction of Dismissal of Plaintiffs Lakeisha Childers, Ronald Childers and Jeffrey Millsaps [Doc. 54 ]. The claims by plaintiffs Lakeisha Childers and Ronald Childers are DISMISSED with prejudice. The parties have stipulated to the dismissal of plaintiff Jeffrey Millsaps's claims [Doc. 70 ], and the Court has already denied defendant's request for reasonable expenses [Doc. 65 ].. Signed by Chief District Judge Thomas A Varlan on 7/12/16. (JBR)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE LARRY WAITMAN, et al., Plaintiffs, v. SMOKY MOUNTAIN CHILDREN’S HOME, Defendant. ) ) ) ) ) ) ) ) ) No.: 3:14-CV-234-TAV-HBG ORDER This civil matter is before the Court on the Report and Recommendation entered by United States Magistrate H. Bruce Guyton, on June 27, 2016 (the “R&R”) [Doc. 71]. In the R&R, Magistrate Judge Guyton recommends that Defendant’s Motion for Sanction of Dismissal of Plaintiffs Lakeisha Childers, Ronald Childers and Jeffrey Millsaps [Doc. 54] be granted in part and denied in part. 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. 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. 71]. The Court hereby GRANTS in part and DENIES in part Defendant’s Motion for Sanction of Dismissal of Plaintiffs Lakeisha Childers, Ronald Childers and Jeffrey Millsaps [Doc. 54]. The claims by plaintiffs Lakeisha Childers and Ronald Childers are DISMISSED with prejudice. The parties have stipulated to the dismissal of plaintiff Jeffrey Millsaps’s claims [Doc. 70], and the Court has already denied defendant’s request for reasonable expenses [Doc. 65]. IT IS SO ORDERED. s/ Thomas A. Varlan CHIEF UNITED STATES DISTRICT JUDGE 2

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