Watkins v. Kajima International Incorporated et al

Filing 497

ORDER: Plaintiff's Motion to Stay 487 is without merit and is DENIED. The later-filed lawsuit provides no basis for staying this action, which has been pending more than four years. Pursuant to 28 U.S.C. § 636(b)(1), Fed. R. Civ. P. 72(b) (3) and Local Rule 72.03(b)(3), the Court has reviewed de novo the Report and Recommendation, the Objections, and the file. The Report and Recommendation as to Defendant Lockyer is adopted and approved, and all claims against Defendant Lockyer are DI SMISSED. The Magistrate Judge's recommendation that the case be dismissed for failure to prosecute (with regard to Defendants Lasko, Linden, Vaga and Lucinda Watkins) is referred back to the Magistrate Judge for consideration in light of Plainti ff's recent filings 487 and 492 . The Magistrate Judge shall set any deadlines needed to make further recommendation about this case. IT IS SO ORDERED. Signed by Chief Judge Todd J. Campbell on 5/14/12. (xc:Pro se party by regular and certified mail.)(tmw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MICHAEL W. WATKINS, et al.
v.
KAJIMA INTERNATIONAL, INC., et al.

)
)
) NO. 3-08-0426
) JUDGE CAMPBELL
)
ORDER

Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket
No. 485) and Objections filed by the Plaintiffs (Docket No. 492). Plaintiffs have also filed a Motion
to Stay All Proceedings (Docket No. 487), to which no response has been filed.
Plaintiff’s Motion to Stay (Docket No. 487) is without merit and is DENIED. The later-filed
lawsuit provides no basis for staying this action, which has been pending more than four years.
Pursuant to 28 U.S.C. § 636(b)(1), Fed. R. Civ. P. 72(b)(3) and Local Rule 72.03(b)(3), the
Court has reviewed de novo the Report and Recommendation, the Objections, and the file. The
Report and Recommendation as to Defendant Lockyer is adopted and approved, and all claims
against Defendant Lockyer are DISMISSED. The Magistrate Judge’s recommendation that the case
be dismissed for failure to prosecute (with regard to Defendants Lasko, Linden, Vaga and Lucinda
Watkins) is referred back to the Magistrate Judge for consideration in light of Plaintiff’s recent
filings (Docket Nos. 487 and 492). The Magistrate Judge shall set any deadlines needed to make
further recommendation about this case.
IT IS SO ORDERED.
___________________________________
TODD J. CAMPBELL
UNITED STATES DISTRICT JUDGE

1