Johnson v. Apple, Inc.

Full title: GREGORY WALKER JOHNSON, Plaintiff, v. APPLE, INC., Defendant.

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Date published: Feb 5, 2014

Case No. 3:13-cv-204 (S.D. Ohio Feb. 5, 2014)

Opinion

Case No. 3:13-cv-204

02-05-2014

GREGORY WALKER JOHNSON, Plaintiff, v. APPLE, INC., Defendant.

Timothy S. Black

Judge Timothy S. Black

Magistrate Judge Michael J. Newman

DECISION AND ENTRY: (1) ADOPTING THE REPORT AND RECOMMENDATION

OF THE MAGISTRATE JUDGE (Doc. 44); AND (2) DENYING DEFENDANT'S

MOTION TO DSIMISS (Doc. 28) AS MOOT AND WITHOUT PREJUDICE

This case is before the Court on the Order and Report and Recommendation of United States Magistrate Judge Michael J. Newman. (Doc. 44). In the Order and Report and Recommendation, the Magistrate Judge ordered Plaintiff to file an amended complaint and recommends that Defendant's Motion to Dismiss the original complaint (Doc. 28) be denied without prejudice as moot. No party filed objections to the recommendation of the Magistrate Judge and the time for doing so has expired.

As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), upon reviewing the filings of the parties and the comprehensive findings of the Magistrate Judge de novo, the Court: (1) ADOPTS the recommendation of the Magistrate Judge in its entirety (Doc. 44); and (2) DENIES Defendants' Motions to Dismiss (Doc. 28) as moot and without prejudice to refiling.

IT IS SO ORDERED.

__________

Timothy S. Black

United States District Judge