The Del-Nat Tire Corporation v. A To Z Tire & Battery, Inc.

Filing 60

ORDER adopting 57 Report and Recommendations and Order Denying Plaintiff's Motion for Sanctions. Signed by Chief Judge Jon Phipps McCalla on 6/2/10. (McCalla, Jon)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION THE DEL-NAT TIRE CORPORATION, Plaintiff, vs. A TO Z TIRE & BATTERY, INC., Defendant. ) ) ) ) ) ) ) ) )

No. 2:09-cv-02457-JPM-tmp

ORDER ADOPTING REPORT AND RECOMMENDATION AND ORDER DENYING PLAINTIFF'S MOTION FOR SANCTIONS Pending before the Court is the Report and Recommendation of Magistrate Judge Tu M. Pham, submitted May 17, 2010 (Docket Entry ("D.E.") 57), recommending that the Court deny Plaintiff's Motion to Strike Affirmative Defenses (D.E. 6). No objections

to the Report and Recommendation have been filed, and the time for filing objections has expired. Upon de novo review of the Magistrate Judge's Report and Recommendation, the Court ADOPTS the Report and Recommendation in its entirety, and DENIES Plaintiff's Motion for Sanctions. So ORDERED this 2nd day of June, 2010. /s/ JON PHIPPS McCALLA CHIEF UNITED STATES DISTRICT JUDGE