Nauroth v. Ariss

Full title: MICHAEL BRANDON NAUROTH, Plaintiff(s), v. TOM ARISS, et. al., Defendant(s)

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

Date published: Jan 29, 2009

Case Number: 1:07cv539 (S.D. Ohio Jan. 29, 2009)

Opinion

Case Number: 1:07cv539.

January 29, 2009

ORDER

SUSAN DLOTT, District Judge

The Court has reviewed the Report and Recommendation of United States Magistrate Judge Timothy S. Black filed on January 5, 2009 (Doc. 30), to whom this case was 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) expired January 23, 2009, hereby ADOPTS said Report and Recommendation.

Accordingly, it is hereby ORDERED:

1. Defendant Southern health Partners, Inc.'s motion to dismiss for lack of prosecution (Docs. 16 17) are DENIED;

2. Dr. Grubb's testimony is limited to information acquired or opinions reached as a result of his treating physician relationship with the Plaintiff;

3. Plaintiff's motion for leave to take Defendant Sheriff Ariss' deposition (Docs. 21 22) are DENIED;

4. Defendant Sheriff Ariss' motion for summary judgment (Doc. 18) is GRANTED and Defendant Ariss is DISMISSED from this case; and

5. The Order to Show Cause (Doc. 28) is VACATED.

IT IS SO ORDERED.