Opinion
CIVIL ACTION No. 09-74356
09-06-2011
In re: ASBESTOS PRODUCTS LIABILITY LITIGATION (No. VI) DARYL ESTON YOUMANS Plaintiff v. CSX TRANSPORTATION, INC., Defendant.
CONSOLIDATED UNDER MDL 875
Transferred from the Southern
District of Georgia
91-00221
ORDER
AND NOW, this 1st day of September, 2011 it is hereby ORDERED that the Report and Recommendation issued by United States Magistrate Judge M. Faith Angell (doc. no. 15), filed on August 10, 2011, as to Defendant CSX Transportation, Inc.'s Motion for Summary Judgment (doc. no. 12) is ADOPTED.
No objections were filed within fourteen (14) days as provided for by Local Rule of Civil Procedure 72.1.
It is further ORDERED that Defendant CSX Transportation, Inc.'s Motion for Summary Judgment (doc. no. 12) is GRANTED. Plaintiff has not obtained admissible diagnostic reports of asbestos-related injury and, therefore, has no competent medical or causation evidence to support his FELA claim.
It is further ORDERED that this case be transferred to the bankruptcy-only docket and be marked CLOSED.
AND IT IS SO ORDERED.
EDUARDO C. ROBRENO , J.