Umphrey v. Cedar Croft Homes Incorporated et al

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Upon review of this matter, the Court finds the First 27 and Second 28 Reports to be well-founded and ADOPTS them in their entirety. Accordingly, the Court hereby GRANTS 17 Defendant Opischuk's Motion to Dismiss and DISMISSES Plaintiff's action against him. The Court also GRANTS 22 the Cedarcroft Defendants' Motion for Summary Judgment and DISMISSES Plaintiff's claims against them. It is so ORDERED. Signed by Senior Judge John T. Nixon on 10/14/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
RALPH E. UMPHREY,

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Plaintiff,
v.
CEDARCROFT HOME, INC., et al.,
Defendants.

No. 3:15-cv-01094
Judge Nixon
Magistrate Judge Frensley

ORDER
Pending before the Court is Defendant Oleksandr Osipchuk’s Motion to Dismiss (Doc.
No. 17) and Defendants J. A. Bryan, Thomas Bryan, Cedarcroft Home, Inc., and Peggy Zide’s
(collectively, the “Cedarcroft Defendants”) Motion for Summary Judgment (Doc. No. 22). With
respect to the Motion to Dismiss, Magistrate Judge Knowles issued a Report and
Recommendation (“First Report”) recommending that the Motion to Dismiss be granted and the
action be dismissed. (Doc. No. 27 at pp. 2–3.) The First Report was filed on August 22, 2016,
and provided a period of fourteen days in which either Party could file an objection. (Id.)
Neither Party has filed an objection to date. With respect to the Motion for Summary Judgment,
Magistrate Knowles issued a Report and Recommendation (“Second Report”) recommending
that the Motion for Summary Judgment be granted and Plaintiff’s claims against the Cedarcroft
Defendants be dismissed. (Doc. No. 28 at pp. 8–9.) The Second Report was filed on August 22,
2016, and provided a period of fourteen days in which either Party could file an objection. (Id.)
Neither Party has filed an objection to date.
Upon review of this matter, the Court finds the First and Second Reports to be wellfounded and ADOPTS them in their entirety.

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Accordingly, the Court hereby GRANTS

Defendant Opischuk’s Motion to Dismiss and DISMISSES Plaintiff’s action against him. The
Court also GRANTS the Cedarcroft Defendants’ Motion for Summary Judgment and
DISMISSES Plaintiff’s claims against them.
It is so ORDERED.
Entered this the 13th day of October, 2016.

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JOHN T. NIXON, SENIOR JUDGE
UNITED STATES DISTRICT COURT

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