Bertrand v. Yellow Transportation et al

Filing 453

ORDER: The Court has reviewed the Report and Recommendation, the Objections, and the file. The Objections of the Plaintiff are overruled,1 and the Report and Recommendation is adopted and approved. Accordingly, Defendants' Motion to Dismiss [408 ] is GRANTED, and this action is DISMISSED. Any pending Motions are denied as moot, and the Clerk is directed to close the file. The trial set for 1/25/2011, and the pretrial conference set for 1/10/2011, are canceled. This Order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58. Signed by Chief Judge Todd J. Campbell on 6/7/10. (xc:Pro se party by regular and certified mail.)(dt)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION JOSEPH P. BERTRAND v. YELLOW TRANSPORTATION, INC., et al. ) ) ) NO. 3:08-1123 ) JUDGE CAMPBELL ) ) ORDER Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket No. 441) and Objections filed by the Plaintiff (Docket Nos. 451 and 452). The Court has reviewed the Report and Recommendation, the Objections, and the file. The Objections of the Plaintiff are overruled,1 and the Report and Recommendation is adopted and approved. Accordingly, Defendants' Motion to Dismiss (Docket No. 408) is GRANTED, and this action is DISMISSED. Any pending Motions are denied as moot, and the Clerk is directed to close the file. The trial set for January 25, 2011, and the pretrial conference set for January 10, 2011, are canceled. This Order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58. IT IS SO ORDERED. ___________________________________ TODD J. CAMPBELL UNITED STATES DISTRICT JUDGE Plaintiff's objections concerning any alleged impropriety of the Magistrate Judge have been addressed twice before by U.S. District Judge Robert Echols (Docket Nos. 285 and 357), and there is no new credible evidence before the Court which would change those rulings. 1

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