Opinion
Case No. 3:05cv00071.
June 27, 2006
DECISION AND ENTRY
The Court has reviewed de novo the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #546), to whom this case was originally referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby adopts said Report and Recommendations.
Accordingly, it is ORDERED that:
1. The Report and Recommendations filed on June 2, 2006 (Doc. #546) is ADOPTED in full.
2. Defendants Heartland Viatical, Inc., Erika Blackburn, Thomas Parker, Kenneth W. Johnson, Brent Worley, and Robert Boone's Motion to Compel Arbitration (Doc. #154) and Joined by Defendants James S. Stanley, AB to Z Financial Services, and Gayle Jendzejec (Doc. #203) are DENIED;
3. Defendant Erin Richardson's Motions To Compel Arbitration (Doc. #154, 203) are GRANTED; the Receiver's claims against Defendant Erin Richardson are DISMISSED; and the Receiver shall arbitrate his claims, if any, against Erin Richardson pursuant to the terms of her Representative Agreement (Doc. #239, Exhibit 12); and
4. Defendant Lewis McBride's Motion to Compel Arbitration (Doc. #237) is DENIED.