Mickens et al v. Cargill, Inc. et al

Filing 71

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 49 Motion to Dismiss filed by Cargill, Inc.. Signed by Judge S. Thomas Anderson on 7/29/09. (Anderson, S.)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION ______________________________________________________________________________ VINCENT MICKENS, ) ) Plaintiff, ) ) v. ) No. 08-2015-STA-dkv ) CARGILL, INC., ) ) Defendant. ) ______________________________________________________________________________ ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION DENYING DEFENDANT CARGILL'S MOTION TO DISMISS AS A DISCOVERY SANCTION AND GRANTING IN PART DEFENDANT'S MOTION TO COMPEL AND FOR SANCTIONS ______________________________________________________________________________ Pursuant to an order of reference, United States Magistrate Judge Dianne K. Vescovo entered her Report and Recommendation Denying Defendant Cargill's Motion to Dismiss as a Discovery Sanction and Granting in Part Defendant's Motion to Compel and for Sanctions (D.E. # 70) filed on May 19, 2009. The parties have not filed objections to the Report and Recommendation. The Court hereby adopts the Magistrate Judge's Report and Recommendation pursuant to Fed. R. Civ. P. 72(b)(3). Consistent with the Report and Recommendation, Defendant's Motion to Dismiss as a Discovery Sanction is DENIED and Defendant's Motion to Compel and for Sanctions is GRANTED IN PART. IT IS SO ORDERED. s/ S. Thomas Anderson S. THOMAS ANDERSON UNITED STATES DISTRICT JUDGE Date: July 29, 2009