Opinion
No.: 3:13-CV-75-TAV-BHG
11-04-2013
BREAKING GLASS PICTURES, Plaintiff, v. Does 1-283, Defendants.
MEMORANDUM AND ORDER
On September 30, 2013, the Honorable H. Bruce Guyton, United States Magistrate Judge, filed an 11-page Report and Recommendation (R&R) [Doc. 41] in which he recommended that that Plaintiff's claims against Doe Defendants 2-283 be dismissed, without prejudice, for improper joinder; Defendant DeArmond's motion to quash be granted; Defendant DeArmond's motion for protective order be denied as moot; and that Plaintiff be given thirty days to serve Doe 1.
There being no timely objections by Plaintiff, see 28 U.S.C. § 636(b)(1), and the Court being in complete agreement with the Magistrate Judge, the R&R is hereby ACCEPTED IN WHOLE. Accordingly, IT IS HEREBY ORDERED that Defendant DeArmond's motion to dismiss [Doc. 27] is GRANTED in part and DENIED in part:
1. The motion to sever all Defendants is GRANTED.
2. The motion to dismiss Defendant DeArmond for lack of personal jurisdiction is DENIED without prejudice.
3. All claims, other than the claim of Plaintiff against Doe Defendant 1 are DISMISSED, without prejudice, to allow refilling of claims against Doe Defendants 2-283 in individual cases.
4. Any refilled cases against Doe Defendants 2-100 shall be filed in the appropriate division of the Eastern District of Tennessee.
5. The motion to quash [Doc. 26] is GRANTED.
6. The motion for protective order [Doc. 25] is DENIED as moot.
7. Plaintiff shall serve Doe Defendant 1 within thirty (30) days of entry of this Memorandum and Order.
ENTER:
Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE