Johnson v. Marc Ecko UN LTD et al, No. 3:2009cv00048 - Document 34 (S.D. Ohio 2009)

Court Description: DECISION AND ENTRY - ORDER ADOPTING REPORT AND RECOMMENDATIONS - 1. The Report and Recommendations filed on October 15, 2009 (Doc. # 3 ) is ADOPTED in full; 2. Defendants Ecko Complex, LLC, d/b/a Ecko Unltd.; Perry Ellis International, Inc.; Sears Ho lding Management Corporation; Williamson- Dickie Manufacturing Co.; Rocawear Apparel, LLC; and Kemistre 8, LLC d/b/a Akademiks Motion to Dismiss (Doc. # 15 ), and Defendant Wal-Mart Stores, Inc.s Motion to Dismiss (Doc. # 20 ) are GRANTED. Consequently, Plaintiffs Complaint is DISMISSED; and 3. This case is terminated on the docket of the Court. Signed by Judge Thomas M Rose on 11/05/09. (pb1) Modified on 11/5/2009 (PLTF)(pb1).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON GREGORY WALKER JOHNSON, Plaintiff, : : : vs. MARC ECKO UN LTD., et al., Defendants. Case No. 3:09cv00048 District Judge Thomas M. Rose Magistrate Judge Sharon L. Ovington : : DECISION AND ENTRY The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #33), to whom this case was originally referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. It is therefore ORDERED that: 1. The Report and Recommendations filed on October 15, 2009 (Doc. #3) is ADOPTED in full; 2. Defendants Ecko Complex, LLC, d/b/a Ecko Unltd.; Perry Ellis International, Inc.; Sears Holding Management Corporation; WilliamsonDickie Manufacturing Co.; Rocawear Apparel, LLC; and Kemistre 8, LLC d/b/a Akademiks Motion to Dismiss (Doc. #15), and Defendant Wal-Mart Stores, Inc. s Motion to Dismiss (Doc. #20) are GRANTED. Consequently, Plaintiff s Complaint is DISMISSED; and 3. This case is terminated on the docket of the Court. November 5, 2009 *s/THOMAS M. ROSE Thomas M. Rose United States District Judge

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