Smith v. Fifth Third Bank, No. 1:2018cv00464 - Document 56 (S.D. Ohio 2018)
Court Description: DECISION AND ENTRY ADOPTING 54 REPORT AND RECOMMENDATIONS in its entirety. Because Plaintiff's amended complaint 52 renders moot Defendant's pending motion, Defendant's motion to dismiss 22 is DENIED as moot. Signed by Judge Timothy S. Black on 10/10/18. (sct)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CARNELL SMITH, on behalf of himself and all others similarly situated, Plaintiff, vs. FIFTH THIRD BANK, Defendant. : : : : : : : : : : Case No. 1:18-cv-464 Judge Timothy S. Black Magistrate Judge Stephanie K. Bowman DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 54) This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on September 25, 2018, submitted a Report and Recommendation. (Doc. 54). No objections were filed. As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that the Report and Recommendation should be and is hereby ADOPTED in its entirety. Accordingly, because Plaintiff’s amended complaint (Doc. 52) renders moot Defendant’s pending motion, Defendant’s motion to dismiss (Doc. 22) is DENIED as moot. IT IS SO ORDERED. Date: 10/10/2018 /s/ Timothy S. Black Timothy S. Black United States District Judge 2
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