Asanov et al v. Legeido, No. 3:2007cv01288 - Document 18 (M.D. Tenn. 2008)

Court Description: ORDER: Report and Recommendation 17 is accepted. Claims of Pltfs BioElectroSpec, Incorporated and TIRF Technologies, Incorporated, and all claims of others "similarly situated" are dismissed with prejudice for failure to comply with the C ourt's 1/17/08 Order requiring these Pltfs to retain counsel and file an amended complaint; Pltf's 15 Motion for Preliminary Injunction and Protective Orders is denied as moot; 14 Motion for Summary Dismissal is granted; and this case i s dismissed with prejudice. Entry of this Order on the docket shall constitute entry of final Judgment in accordance with FRCP 58 and 79(a). Signed by Senior Judge Robert Echols on 10/31/08. (cc: Pltf Alexander N. Asanov and Deft Denis K. Legeido by cert and reg mail)(km)

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Asanov et al v. Legeido Doc. 18 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION ALEXANDER N. ASANOV, et al., Plaintiffs, v. DENIS K. LEGEIDO, Defendant. ) ) ) ) ) ) ) ) No. 3:07-1288 JUDGE ECHOLS ORDER Pending before the Court are the Report and Recommendation (“R&R”) entered by the United States Magistrate Judge on September 22, 2008, (Docket Entry No. 17), Plaintiff’s Second Emergency Petition for Preliminary Injunction and Protective Orders (Docket Entry No. 15), and Defendant’s Motion for Summary Dismissal (Docket Entry No. 14). The Magistrate Judge recommends dismissal of the case with prejudice and denial of Plaintiff’s request for preliminary injunctive relief as moot. Plaintiff did not file any objections to the R&R. In reviewing an R&R, the Court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). Having carefully reviewed the entire record in this case, the Court finds that no error of fact or law appears in the R&R. Accordingly, 1 Dockets.Justia.com (1) the R&R of the Magistrate Judge (Docket Entry No. 17) is hereby ACCEPTED; (2) the claims of Plaintiffs BioElectroSpec, Incorporated and TIRF Technologies, “similarly Incorporated, situated” are hereby and all DISMISSED claims WITH of others PREJUDICE for failure to comply with the Court’s January 17, 2008 Order requiring these Plaintiffs to retain counsel and file an amended complaint; (3) Plaintiff’s Second Emergency Petition for Preliminary Injunction and Protective Orders (Docket Entry No. 15) is hereby DENIED AS MOOT; (4) Defendant’s Motion for Summary Dismissal (Docket Entry No. 14) is hereby GRANTED; and (5) this case is hereby DISMISSED WITH PREJUDICE. (6) Entry of this Order on the docket shall constitute entry of final Judgment in accordance with Federal Rules of Civil Procedure 58 and 79(a). IT IS SO ORDERED. _________________________________ ROBERT L. ECHOLS UNITED STATES DISTRICT JUDGE 2

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