Filed: Mar. 21, 2018
Latest Update: Mar. 21, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ROBERT W. SCHROEDER, III , District Judge . The Report and Recommendation of the Magistrate Judge, which contains her findings, conclusions, and recommendation for the disposition of the case, has been presented for consideration. The Report and Recommendation (Docket No. 78), filed on February 28, 2018, recommends that Defendant McWhiney & Markum, LLC's Motion for Summary Judgment (Docket No. 56) and Defendants
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ROBERT W. SCHROEDER, III , District Judge . The Report and Recommendation of the Magistrate Judge, which contains her findings, conclusions, and recommendation for the disposition of the case, has been presented for consideration. The Report and Recommendation (Docket No. 78), filed on February 28, 2018, recommends that Defendant McWhiney & Markum, LLC's Motion for Summary Judgment (Docket No. 56) and Defendants'..
More
ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
ROBERT W. SCHROEDER, III, District Judge.
The Report and Recommendation of the Magistrate Judge, which contains her findings, conclusions, and recommendation for the disposition of the case, has been presented for consideration. The Report and Recommendation (Docket No. 78), filed on February 28, 2018, recommends that Defendant McWhiney & Markum, LLC's Motion for Summary Judgment (Docket No. 56) and Defendants' Motion for Summary Judgment (Docket No. 57) filed by Markum Enterprises, LLC and Wesley G. Markum be granted. No objections to the Report and Recommendation have been filed. The Court agrees with the Magistrate Judge that Plaintiff has failed to establish that McWhiney & Markum, LLC was his employer and failed to establish enterprise coverage with respect to the claims against Markum Enterprises, LLC and Wesley G. Markum. The Court therefore ADOPTS the findings and conclusions of the Magistrate Judge as those of the Court. It is
ORDERED that Defendant McWhiney & Markum, LLC's Motion for Summary Judgment (Docket No. 56) and Defendants' Motion for Summary Judgment (Docket No. 57) filed by Markum Enterprises, LLC and Wesley G. Markum are GRANTED.
The complaint is DISMISSED with prejudice. Any motion not previously ruled on is DENIED.
