DMAX LTD et al v. Duke et al, No. 3:2017cv00429 - Document 34 (S.D. Ohio 2019)

Court Description: DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 32 ); OVERRULING PLAINTIFFS' OBJECTIONS THERETO (DOC. # 33 ); SUSTAINING DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' COMPLAINT (DOC. #[2 4]); JUDGMENT TO ENTER IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFFS; TERMINATION ENTRY- Based on the reasoning and citations of authority set forth in the Report and Recommendations, as well as upon a thorough de novo review of the Court's file and the applicable law, the Court ADOPTS said judicial filing, Doc. # 32 , in its entirety, and OVERRULES Plaintiffs' Objections theret o, Doc. # 33 . The Court SUSTAINS Defendants' Motion to Dismiss Plaintiffs' Complaint,Doc. # 24 , pursuant to Fed. R. Civ. P. 12(b)(6). Judgment shall be entered in favor of Defendants and against Plaintiffs. The captioned case is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.. Signed by Judge Walter H. Rice on 1/31/19. (kma)