Opinion
Case No. 17-12362
05-22-2019
PATRICIA BERG, Plaintiff, v. INVACARE CORP., Defendant.
U.S.MAGISTRATE JUDGE DAVID R. GRAND
ORDER ADOPTING REPORT AND RECOMMENDATION [43]; DENYING DEFENDANT'S MOTION TO DISMISS [32]; AND AMENDING SCHEDULING ORDER
On December 27, 2018, Defendant Invacare Corp. filed a Motion to Dismiss for Plaintiff's Failure to Appear at Deposition as well as Produce Husband for Deposition [32] pursuant to Fed. R. Civ. P. 37(d) and 37(b)(1). Plaintiff Patricia Berg, through counsel, filed a Response [34] on January 10, 2019. Defendant filed a Reply [36] on January 17, 2019.
On March 12, 2019, this Court referred the Motion to Dismiss [32] to the Magistrate Judge for report and recommendation.
On April 25, 2019, following a hearing on the Motion [32], the Magistrate Judge issued a Report & Recommendation [43] ("R&R") recommending that the Court deny Defendant's Motion to Dismiss [32] and amend the scheduling order. Neither party has filed any objection to the R&R.
The Court having reviewed the record, the R&R [43] is hereby ADOPTED and entered as the findings and conclusions of the Court.
IT IS ORDERED that Defendant's Motion to Dismiss [32] is DENIED.
IT IS FURTHER ORDERED that the scheduling order is HEREBY AMENDED to reflect the dates set forth in the R&R.
SO ORDERED.
s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge Dated: May 22, 2019