Gascoigne v. Gascoigne et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 5 Motion to Dismiss filed by Paul Gascoigne, 13 Report and Recommendations. It is hereby ordered that the Magistrate Judges Report and Recommendation dated April 29, 2010 is ADOPTED in its entirety. Paul Gascoigne's Motion to Dismiss is GRANTED and Plaintiffs claims against him are DISMISSED with prejudice. The court, however, declines to award sanctions. Magistrate Judge Paul M. Warner no longer assigned to case. Signed by Judge Dale A. Kimball on 06/01/2010. (kpf)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

JULIE GASCOIGNE, Plaintiff, vs. PAUL GASCOIGNE and SANDY GASCOIGNE, Case No. 2:09CV734 DAK Defendants. ORDER ADOPTING MAGISTRATE JUDGE'S ORDER

This matter is before the court on the Magistrate Judge's Report and Recommendation ("R&R"). which was entered on April 29, 2010. In the R&R, the Magistrate Judge recommended that Paul Gascoigne's Motion to Dismiss be granted and that Plaintiff's claims against him be dismissed with prejudice. The Magistrate Judge, however, declined to recommend an award of punitive sanctions. Plaintiff has not filed any Objection to the R&R, and the time for doing so has expired. Having carefully considered all the relevant documents under a de novo standard of review, the court agrees with the Magistrate Judge's recommendation in all respects. For the foregoing reasons, and good cause appearing, IT IS HEREBY ORDERED that the Magistrate Judge's Report and Recommendation dated April 29, 2010 is ADOPTED in its entirety. Paul Gascoigne's Motion to Dismiss is GRANTED, and Plaintiff's claims against him are DISMISSED with prejudice. The court, however, declines to award sanctions.

DATED this 1st day of June, 2010. BY THE COURT:

DALE A. KIMBALL United States District Judge

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