IN RE COOPER MANUFACTURING CORP., (N.D.Okla. 2001)

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Docket Number

Case No. 94-C-901-BU.

Advocates

William Robert Grimm, J. Patrick Mensching, Jr., William Brad Heckenkemper, Barrow Gaddis Griffith Grimm, Tulsa, OK, Burton J. Johnson, Bradley Kent Donnell, Looney Nichols Johnson, Oklahoma City, OK, Neil J. Dilloff, Brett Ingerman, Catherine M. Simmons, Piper Marbury, Washington, DC, Katresa J. Riffel, Gungoll Jackson Collings Box PC, Enid, OK, For Home Ins. Indemnity CO. Thomas G. Wolfe, Raymond Edward Zschiesche, Gerald F. Pignato, Phillips McFall McCaffrey McVay Murra, Robert E. Manchester, Shannon K. Emmons, Raymond Thompson Cooper, Machester Pignato, Oklahoma City, OK, Kent A. Bogart, Steven Ernest Holden, Bruce Alvin McKenna, Stephen J. Capron, Holden Gledening McKenna, Tulsa, OK, for Holmes Organisation, Inc. ORDER

Judges

Billy Michael Burrage

Acts

Judiciary And Judicial Procedure — United States Magistrate Judges — Court Officers And Employees — Jurisdiction, Powers, And Temporary Assignment

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In Re: Cooper Manufacturing Corp., and its Affiliates; Challenger Rig Manufacturing, Inc.; Cooper Offshore Systems, Inc.; and Cooper Sales Corp., Debtors, Jon A. Barton, Liquidating Trustee, Plaintiff, v. The Home Indemnity Company; et al., Defendants. The Home Indemnity Company, Third-Party Plaintiff,

Michael Burrage, United States District Judge.

On June 2, 2000, United States Magistrate Judge Sam A. Joyner issued a Report and Recommendation, wherein he recommended that Third-Party Defendant, The Holmes Organisation, Inc.'s motion to dismiss Counts III and IV of the Second Amended Third-Party Complaint be denied.

Presently before the Court is the objection of Third-Party Defendant, Kent A. Bogart, to the Report and Recommendation. Pursuant to 28 U.S.C. § 636(b), the Court has conducted a de novo review of the matter. Having done so, the Court finds that the objection is without merit. The Court accepts the Report and Recommendation in its entirety.

The Court notes that Third-Party Defendant, The Holmes Organisation, Inc., did not file any objection to the Report and Recommendation and filed its answer to the Second Amended Third-Party Complaint on July 20, 2000.

Accordingly, the Report and Recommendation issued by United States Magistrate Judge Sam A. Joyner (Docket Entry #323) is AFFIRMED. Third-Party Defendant, The Holmes Organisation, Inc.'s Motion to Dismiss The Home Indemnity Company's Second Amended Third-Party Complaint (Docket Entry #271) is DENIED.

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