Shule v. Menard Inc., 2:18-CV-401 JVB. (2019)
Court: District Court, N.D. Indiana
Number: infdco20190423a23
Visitors: 7
Filed: Apr. 22, 2019
Latest Update: Apr. 22, 2019
Summary: ORDER JOSEPH S. VAN BOKKELEN , District Judge . This matter is before the Court on the report and recommendation of Magistrate Judge John Martin (DE 19) regarding the motion to dismiss filed on behalf of Plaintiff Patricia Shule on March 20, 2019 (DE 17), and the agreed motion to dismiss signed by the attorneys for both parties on April 9, 2019 (DE 20). As the magistrate judge's report advised the parties, they had 14 days after service within which to file written objections to his recomme
Summary: ORDER JOSEPH S. VAN BOKKELEN , District Judge . This matter is before the Court on the report and recommendation of Magistrate Judge John Martin (DE 19) regarding the motion to dismiss filed on behalf of Plaintiff Patricia Shule on March 20, 2019 (DE 17), and the agreed motion to dismiss signed by the attorneys for both parties on April 9, 2019 (DE 20). As the magistrate judge's report advised the parties, they had 14 days after service within which to file written objections to his recommen..
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ORDER
JOSEPH S. VAN BOKKELEN, District Judge.
This matter is before the Court on the report and recommendation of Magistrate Judge John Martin (DE 19) regarding the motion to dismiss filed on behalf of Plaintiff Patricia Shule on March 20, 2019 (DE 17), and the agreed motion to dismiss signed by the attorneys for both parties on April 9, 2019 (DE 20). As the magistrate judge's report advised the parties, they had 14 days after service within which to file written objections to his recommendation regarding the first motion to dismiss. More than 14 days have elapsed with no objections having been filed.
Accordingly, the Court ADOPTS the report and recommendation (DE 19). Plaintiff's motion to dismiss (DE 17) is DENIED. The Court will not dismiss this action unless the Plaintiff Patricia Shule herself, as well as counsel for Defendant, signs a stipulation of dismissal. Because the agreed motion to dismiss is not signed by Plaintiff herself, that motion (DE 20) is also DENIED.
Source: Leagle
