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Commerce Bank N.A. v. Carmichael

February 12, 2007

COMMERCE BANK N.A., AS ADMINISTRATOR OF THE ESTATE OF DAVID GREEN, DECEASED, PLAINTIFF,
v.
CHRISTOPHER CARMICHAEL, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Joe Billy McDADE United States District Judge

ORDER

Before the Court is Magistrate Judge Cudmore's Report and Recommendation [Doc. 25] on the Defendants' Motion to Strike filed on August 11, 2006 [Doc. 18]. The parties have not filed any objections within the ten (10) working days allotted by 28 U.S.C. § 636(b)(1). Failure to timely object constitutes a waiver of any objections. See Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999); Video Views Inc. v. Studio 21 Ltd., 797 F.2d 538 (7th Cir. 1986). Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge.

IT IS THEREFORE ORDERED that Defendants' Motion to Strike [Doc. 18] is GRANTED IN PART only with respect to the punitive damages sought in Counts IV and V and DENIED IN PART with respect to Count I. The instant matter shall proceed in this Court in compliance with the Report and Recommendation of the Magistrate Judge.

Entered this 12th day of February, 2007.

20070212

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