Summary
holding that an Ohio law requiring medical malpractice claims to be accompanied by an affidavit of merit from an expert witness was substantive law to be applied in a diversity case
Summary of this case from Southwell v. Summit View of Farragut LLCOpinion
Case No. 1:09cv137.
November 23, 2009
ORDER
This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on October 23, 2009 (Doc. 27).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report and Recommendation have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. 636, this Court finds the Magistrate Judge's Report and Recommendation to be correct.
Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Plaintiff's Motion for Leave to File an Amended Complaint (Doc. 23) is GRANTED and shall be filed within seven (7) days of the entry of this Order; Defendants' Motions for Judgment on the Pleadings (Docs. 14 and 16) and Motion to Dismiss (Doc. 15) are DENIED.
IT IS SO ORDERED.
Exhibit