UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

: JEFF HERBERT, :

: Case No. 1:23-cv-633 Plaintiff, :

: Judge Jeffery P. Hopkins v. :

: Chief Magistrate Judge Karen L. KC ROBOTICS, INC., : Litkovitz

: Defendant. :

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court on the Report and Recommendation (the “R&R”) issued by Chief Magistrate Judge Karen L. Litkovitz on August 21, 2024 (Doc. 21), which recommends that: (1) Defendant KC Robotics, Inc.’s (“KCR”) Motion to Dismiss (Doc. 11) be GRANTED in part and DENIED in part;1 and (2) that Defendant KCR’s Motion to Strike (Doc. 17) be DENIED as MOOT. Any objections to the R&R by the parties were due by September 4, 2024. About a month has passed since the R&R was issued and no objections have been filed. Because no objections have been filed and the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, the Court reviews the R&R for clear error. See Fed. R. Civ. P. 72(b) advisory committee notes (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the

1 The R&R specifically GRANTS the Motion to Dismiss as it relates to Counts IX–XII, and XVI, and DENIES the Motion to Dismiss as it relates to Counts I–VIII, and XIII–XV. recommendation.”); Redmon v. Noel, No. 1:21-CV-445,

, at *1 (S.D. Ohio Oct. 13, 2021) (collecting cases). The Court has reviewed the R&R (Doc. 21) and determined that it does not contain clear error. Therefore, the Court ADOPTS the R&R in its entirety. IT IS SO ORDERED.

Dated: September 24, 2024 / f. Djefer.— on. Je . Hopkins United States District Judge