Summary
In Miller v. Bishop, 2009 WL 1748223 (E.D. Ark. June 19, 2009), the driver reached speeds of 70-78 mph in a construction area while talking on his cell phone.
Summary of this case from Bassett v. KlinklerOpinion
Case Number: 3:07CV00170JMM/HLJ.
June 19, 2009
ORDER
The Court has received proposed findings and recommendations from United States Magistrate Judge Henry L. Jones, Jr. After a review of those proposed findings and recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts them in their entirety. Accordingly,
Plaintiff filed a Notice of Statement of Necessity in which he restated his arguments regarding the Motion to Dismiss and attached his discovery motions. To the extent that plaintiff is making a request for a hearing on the pending Motion to Dismiss, the Court finds that such a hearing is not necessary as the Court is ruling in plaintiff's favor by denying defendant's Motion to Dismiss.
IT IS, THEREFORE, ORDERED that defendant's motion to dismiss (DE #53) is hereby DENIED.
IT IS SO ORDERED.