Summary
granting a motion for leave to file a supplemental complaint pursuant to Fed. R. Civ. P. 15(d) because "the supplemental complaint addresses a threshold issue, ripeness"
Summary of this case from Johnson v. Apple, Inc.Opinion
C-1-08-603.
September 16, 2009
ORDER
This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 15) to which neither party has objected.
Upon a de novo review of the record, the Court finds that the Judge has accurately set forth the applicable law and has properly applied it to the particular facts of this case. Accordingly, in the absence of any objection by plaintiff, this Court accepts the Report as uncontroverted.
The Report and Recommendation of the United States Magistrate Judge (doc. no. 15) is hereby ADOPTED AND INCORPORATED HEREIN BY REFERENCE. Plaintiff's Motion for Leave to File a Supplemental Complaint (doc. no. 14) is GRANTED; Plaintiff's Counsel is DIRECTED to file the Supplemental Complaint; and defendant's Motion to Dismiss (doc. no. 6) is DENIED AS MOOT. This matter is RECOMMITTED to the United States Magistrate Judge for further proceedings according to law.
IT IS SO ORDERED.