Winston v. Cargill, Inc. et al

Filing 75

ORDER granting in part and denying in part 39 Motion to Dismiss; adopting Report and Recommendations re 73 Report and Recommendations.. Signed by Judge S. Thomas Anderson on 7/13/09. (Anderson, S.) (Additional attachment(s) added on 7/14/2009: # 1 main document) (ehg).

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION ______________________________________________________________________________ TOMEKA WINSTON, ) ) Plaintiff, ) ) v. ) No. 08-2059-STA-dkv ) CARGILL, INC., and ) SMITH-DOYLE CONTRACTORS, ) ) Defendants. ) ______________________________________________________________________________ ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION DENYING DEFENDANT SMITH DOYLE'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 Smith Doyle Contractors' Motion to Dismiss as a Discovery Sanction and Granting in Part Defendant's Motion to Compel and for Sanctions (D.E. # 73) filed on June 25, 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 13, 2009