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Crystal Coleman v. Circle K Stores

December 13, 2011

CRYSTAL COLEMAN, PLAINTIFF,
v.
CIRCLE K STORES, INC., THE TRAVELERS INDEMNITY CO., DEFENDANTS.



ORDER

This case is before the Court on the Motion for Sanctions by Defendant, Constitution State Services, LLC (Doc. No. 28) filed September 1, 2011, and Plaintiff's Motion to Strike Docket 28 and Motion for Sanctions Against Defendant Constitution State Services, LLC for Violation of Case Management and Scheduling Order and Middle District Local Rule 9.07(b) (Doc. No. 32) filed September 7, 2011. The United States Magistrate Judge has submitted a report recommending that the motion by Constitution States Services, LLC be denied and the motion by Plaintiff be granted in part and denied in part.

After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:

1. That the Report and Recommendation filed November 18, 2011 (Doc. No. 37) is ADOPTED and CONFIRMED and made a part of this Order.

2. The Motion for Sanctions by Defendant Constitution State Services, LLC is DENIED.

3. Plaintiff's Motion to Strike Docket 28 and Motion for Sanctions Against Defendant Constitution State Services, LLC for Violation of Case Management and Scheduling Order and Middle District Local Rule 9.07(b) is GRANTED in part and DENIED in part. It is GRANTED only to the extent it requests that Defendant's Motion (Doc. 28) be stricken; it is otherwise DENIED. The Motion filed by Defendant Constitution State Services, LLC at docket entry 28 is hereby STRICKEN and the Clerk of the Court is directed to remove it from the docket.

Copies furnished to:

United States Magistrate Judge Counsel of Record

20111213

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