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Moran v. Svete

December 12, 2006

H. THOMAS MORAN, II, RECEIVER OF THE ASSETS OF LIFETIME CAPITAL, INC. AND CERTAIN AFFILIATED PERSONS AND ENTITIES PLAINTIFF,
v.
DAVID W. SVETE, MAGISTRATE JUDGE SHARON L. OVINGTON DEFENDANT.



The opinion of the court was delivered by: Judge Thomas M. Rose

DECISION AND ORDER OVERRULING DAVID W. SVETE'S OBJECTIONS (Doc. #34) TO MAGISTRATE JUDGE SHARON L. OVINGTON'S REPORT AND RECOMMENDATIONS REGARDING SVETE'S MOTION TO DISMISS (Doc. #30) AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS IN THEIR ENTIRETY

Now before the Court is Defendant David W. Svete's ("Svete's") Objections (doc. #34) to the Report and Recommendations of Magistrate Judge Sharon L. Ovington (doc. #30). The Report and Recommendations addresses Svete's Motion To Dismiss (doc. # 21).

Magistrate Judge Ovington's Report and Recommendations was filed on November 3, 2006, and Svete's Objections were filed on November 22, 2006. The Receiver did not file Objections to the Report and Recommendations or a memorandum in opposition to Svete's Objections.

As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the District Judge has made a de novo review of the record in this case. Upon said review, the Court finds that Svete's objections to the Magistrate Judge's Report and Recommendations are not well-founded and are OVERRULED.

Accordingly, Magistrate Judge Ovington's Report and Recommendations is ADOPTED in its entirety. Svete's Motion To Dismiss for Lack of Jurisdiction Due To Arbitration Agreement is DENIED.

DONE and ORDERED in Dayton, Ohio, this Twelfth day of December, 2006.

THOMAS M. ROSE UNITED STATES DISTRICT JUDGE

20061212

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