Opinion
21-CV-61155-RAR
03-11-2022
ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION
RODOLFO A. RUIZ II UNITED STATES DISTRICT JUDGE.
THIS CAUSE comes before the Court upon United States Magistrate Judge Jared M. Strauss's Report and Recommendation [ECF No. 37] (“Report”), entered on February 23, 2022. The Report recommends that the Court deny Inductoweld Tube Corp.'s Motion to Dismiss [ECF No. 16] (“Motion to Dismiss”) and Inductoweld Tube Corp.'s Motion for Sanctions Against Plaintiff and Ron S. Vinograd, Esq. Under Fed.R.Civ.P. 11 [ECF No. 17] (“Motion for Sanctions”). Report at 1. Defendant Inductoweld Tube Corp. filed objections to the Report on March 9, 2021 [ECF No. 38] (“Objections”).
When a magistrate judge's “disposition” has been properly objected to, district courts must review the disposition de novo. Fed.R.Civ.P. 72(b)(3). Because Plaintiff timely filed objections to the Report, the Court has conducted a de novo review of Magistrate Judge Jared M. Strauss's legal and factual findings.
Having carefully reviewed the Motion to Dismiss [ECF No. 16], Plaintiff's Response to the Motion to Dismiss [ECF No. 19], Defendant's Reply to the Motion to Dismiss [ECF No. 21], the Motion for Sanctions [ECF No. 17], Plaintiff's Response to the Motion for Sanctions [ECF No. 20], the Report, the Objections, the factual record, the applicable law, and being otherwise fully advised, it is hereby
ORDERED AND ADJUDGED as follows:
1. The Report [ECF No. 37] is AFFIRMED AND ADOPTED.
2. Defendant's Motion to Dismiss [ECF No. 16] is DENIED.
3. Defendant's Motion for Sanctions [ECF No. 17] is DENIED.
DONE AND ORDERED.