Opinion
Civil Action No. 2:05 CV 22, (Maxwell).
January 18, 2006
ORDER
By Order entered on September 19, 2005, the Court referred the above-styled matter to Magistrate Judge John. S. Kaull for pretrial development. On November 1, 2005, Jefferson filed a Motion to Dismiss Counterclaim Filed by Third-Party Defendant, and Butcher filed a Response to Jefferson's Motion to Dismiss on November 14, 2005. On December 2, 2005, Magistrate Judge Kaull filed with the Court his Report and Recommendation recommending that Jefferson Supply Company's Motion to Dismiss Counterclaim Filed by Third-Party Defendant be denied. Magistrate Judge Kaull's Report and Recommendation further directed the parties, in accordance with 28 U.S.C. § 636(b)(1), to file with the Clerk of Court any written objections within ten (10) days after being served with a copy of the Report and Recommendation. No objections to the Magistrate Judge's Report and Recommendation have been filed. Accordingly, it is ORDERED that Magistrate Judge Kaull's Report and Recommendation be and the same hereby is, accepted in whole. It is further
ORDERED that Jefferson Supply Company's Motion to Dismiss Counterclaim Filed by Third-Party Defendant be, and the same hereby is DENIED. It is further
ORDERED that The Butcher Company's Counter Motion to Strike be DENIED as MOOT.
The Clerk is hereby directed to transmit copies of this Order to all counsel of record.