Lloyd v. Pokorny et al, No. 2:2020cv02928 - Document 112 (S.D. Ohio 2021)
Court Description: OPINION AND ORDER Adopting ECF No. 103 Magistrate Judge's Report and Recommendation and DISMISSES without prejudice Plaintiffs Complaint against Defendants Jason Whitacre, Scott Flynn, Troy Reeves, and Flynn, Keith, and Flynn, LLC. It is fur ther ORDERED that Plaintiff shall list 2:20-cv-2928 as a related case if she re-files this action. As other parties remain in this case, the case is to remain open. Signed by Judge Edmund A. Sargus on 5/26/2021. (cmw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Lloyd v. Pokorny et al Doc. 112 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION SUSAN LLOYD, Plaintiff, Case No. 2:20-cv-2928 Judge Edmund A. Sargus, Jr. Magistrate Judge Chelsey M. Vascura v. THOMAS POKORNY, et al., Defendants. OPINION AND ORDER This matter is before the Court for consideration of a Report and Recommendation issued by the Magistrate Judge on February 24, 2021. (ECF No. 103.) The Magistrate Judge reports that Plaintiff failed to properly effect service on Defendants Jason Whitacre, Scott Flynn, Troy Reeves, and Flynn, Keith, and Flynn, LLC. The Magistrate Judge further reports that the failure to properly effect service comes despite the Court previously ordering Plaintiff to file proof of service and cautioning that failure to properly effect service would result in a dismissal of the action against these four Defendants. The Magistrate Judge recommends dismissal of this action against these four Defendants pursuant to Rules 4(m) and 41(b) of the Federal Rules of Civil Procedure. Plaintiff timely objected to the Report and Recommendation, stating that “[t]he Defendants all waived service[.]” (ECF No. 104.) The Court has reviewed de novo Plaintiff’s objection and OVERRULES the objection. Plaintiff’s assertion is unsupported by any proof of these alleged waivers. Accordingly, the Court ADOPTS the Report and Recommendation, (ECF No. 103), and DISMISSES without prejudice Plaintiff’s Complaint against Defendants Jason Whitacre, Scott 1 Dockets.Justia.com Flynn, Troy Reeves, and Flynn, Keith, and Flynn, LLC. Further, upon the recommendation of the Magistrate Judge it is ORDERED that Plaintiff shall list 2:20-cv-2928 as a related case if she refiles this action. As other parties remain in this case, the case is to remain open. IT IS SO ORDERED. 5/26/2021 DATE s/Edmund A. Sargus, Jr. EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE 2
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