Filed: Mar. 25, 2015
Latest Update: Mar. 25, 2015
Summary: MEMORANDUM ORDER MARK R. HORNAK , District Judge . On September 15, 2011, the above captioned case was filed under seal in this Court, and on October 27, 2011, it was referred to a Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. 636(b)(1), and Rules 72.C and 72.D of the Local Rules of Court for Magistrate Judges. On February 24, 2015, United States Magistrate Judge Cynthia Reed Eddy issued her Report and Recommendation (ECF No. 71) in whi
Summary: MEMORANDUM ORDER MARK R. HORNAK , District Judge . On September 15, 2011, the above captioned case was filed under seal in this Court, and on October 27, 2011, it was referred to a Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. 636(b)(1), and Rules 72.C and 72.D of the Local Rules of Court for Magistrate Judges. On February 24, 2015, United States Magistrate Judge Cynthia Reed Eddy issued her Report and Recommendation (ECF No. 71) in whic..
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MEMORANDUM ORDER
MARK R. HORNAK, District Judge.
On September 15, 2011, the above captioned case was filed under seal in this Court, and on October 27, 2011, it was referred to a Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.C and 72.D of the Local Rules of Court for Magistrate Judges.
On February 24, 2015, United States Magistrate Judge Cynthia Reed Eddy issued her Report and Recommendation (ECF No. 71) in which she recommended that Defendant Michael Fleming's Motion to Dismiss (ECF No. 61) the crossclaims for indemnification and/or contribution asserted by Defendant Dixie Realty, Inc. be granted, and that Dixie Realty, Inc. be given leave to amend its pleading. The parties were given the opportunity to file Objections to the Report and Recommendation. No Objections have been filed to this Report and Recommendation.
After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following Order is entered:
AND NOW, this 25th day of March, 2015, IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No.61) Defendant Dixie Realty, Inc.'s crossclaims for indemnification and/or contribution is GRANTED on the terms set forth in the Report and Recommendation.
IT IS FURTHER ORDERED THAT Dixie Realty, Inc. may amend its pleading entitled "Answer, Defenses, and Crossclaims" on or before April 8, 2015.
IT IS FURTHER ORDERED THAT the Report and Recommendation is adopted as the Opinion of the Court, as modified by this Order1.