DIVERSIFIED METAL PRODUCTS, Plaintiff, v. T-BOW COMPANY TRUST, INTERNAL REVENUE SERVICE, and STEVE MORGAN, Defendants.
Case No. CV 93-405-E-EJL
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO
158 F.R.D. 660; 1994 U.S. Dist.
October 25, 1994, Decided
October 25, 1994, Filed

PRIOR HISTORY:

[**1] Adopting Magistrate's Document of September 28, 1994, Reported at: 1994 U.S. Dist.

JUDGES:

LODGE

OPINIONBY:

EDWARD J. LODGE

OPINION:

[*661] ORDER ADOPTING REPORT AND RECOMMENDATION

On September 29, 1994, United States Magistrate Judge Mikel H. Williams issued a Report and Recommendation, (Dkt. #29) recommending the following: (1) that plaintiff's motion for dismissal, impleader order, and dismissal of counterclaim be granted in part and denied in part; (2) that defendant T-Bow Trust Company's counterclaim be dismissed without prejudice; (3) that plaintiff Diversified be dismissed as a party to this case; and (4) that plaintiff Diversified's motion for attorney fees and costs be denied without prejudice.

Pursuant to 28 U.S.C. ß 636(b)(1)(B), the parties had ten days in which to file written objections to the Report and Recommendation. None of the parties has objected to Judge Williams' recommendation. Exercising de novo review of the matter, this court may accept, reject or modify, in whole or in part, the findings and recommendations made by the magistrate judge. Id.

Because this court finds the Report and Recommendation of Judge Williams [**2] to be well-founded in law and supported by the record, the court hereby accepts in their entirety, and adopts as its own, the findings and conclusions made by Judge Williams. Acting on the recommendation of Judge Williams, and this court being fully advised in the premises,

IT IS HEREBY ORDERED that Judge Williams' Report and Recommendation entered on September 29, 1994, (Dkt. #29) should be, and is hereby, INCORPORATED by reference and ADOPTED in its entirety.

IT IS FURTHER ORDERED that plaintiff's motion for dismissal, impleader order, and dismissal of counterclaim be GRANTED [*662] IN PART AND DENIED IN PART, as set forth in the magistrate's Report and Recommendation; that defendant T-Bow Trust Company's counterclaim be DISMISSED WITHOUT PREJUDICE; that plaintiff Diversified be DISMISSED as a party to this case; and (4) that plaintiff Diversified's motion for attorney fees and costs be DENIED WITHOUT PREJUDICE.

Dated this 25th day of October, 1994.

EDWARD J. LODGE

UNITED STATES DISTRICT JUDGE