Moran v. Svete

Full title: H. THOMAS MORAN, II, Receiver of the Assets of LifeTime Capital, Inc. and…

Court: United States District Court, S.D. Ohio, Western Division at Dayton

Date published: Dec 12, 2006

Case No. C-3-05-072 (S.D. Ohio Dec. 12, 2006)

Opinion

Case No. C-3-05-072.

December 12, 2006

DECISION AND ORDER OVERRULING DAVID W. SVETE'S OBJECTIONS (Doc. #34) TO MAGISTRATE JUDGE SHARON L. OVINGTON'S REPORT AND RECOMMENDATIONS REGARDING SVETE'S MOTION TO DISMISS (Doc. #30) AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS IN THEIR ENTIRETY

THOMAS ROSE, District Judge

Now before the Court is Defendant David W. Svete's ("Svete's") Objections (doc. #34) to the Report and Recommendations of Magistrate Judge Sharon L. Ovington (doc. #30). The Report and Recommendations addresses Svete's Motion To Dismiss (doc. # 21).

Magistrate Judge Ovington's Report and Recommendations was filed on November 3, 2006, and Svete's Objections were filed on November 22, 2006. The Receiver did not file Objections to the Report and Recommendations or a memorandum in opposition to Svete's Objections.

As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the District Judge has made a de novo review of the record in this case. Upon said review, the Court finds that Svete's objections to the Magistrate Judge's Report and Recommendations are not well-founded and are OVERRULED.

Accordingly, Magistrate Judge Ovington's Report and Recommendations is ADOPTED in its entirety. Svete's Motion To Dismiss for Lack of Jurisdiction Due To Arbitration Agreement is DENIED.

DONE and ORDERED in Dayton, Ohio.