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Lopez v. Brad Ragan Recycling Inc.

United States District Court, N.D. Indiana, Hammond Division

February 13, 2014

Gabriel Lopez, Plaintiff,
v.
Brad Ragan Recycling Inc., d/b/a BR Retreading Defendant.

ORDER

JOSEPH S. VAN BOKKELEN, District Judge.

This matter is before the Court on Magistrate Judge Paul Cherry's Report and Recommendation (DE 113) on the petition for adjudication of quantum meruit claim (DE 107), filed by Plaintiff's former attorney Peter Polansky of Curcio Law Offices. Judge Cherry's report states that Mr. Polansky's claim is wrongly filed in this case and should be dismissed without prejudice. No objections have been filed to Judge Cherry's Report and Recommendation.

Having reviewed the report, the Court agrees with its findings. Accordingly, the Court accepts Judge Cherry's Report and Recommendation and dismisses Mr. Polansky's petition (DE 107) without prejudice.

Plaintiff's motion to open discovery upon Mr. Polansky's petition (DE 112) is denied as moot.

SO ORDERED.


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