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Kennedy v. Warren Properties, LLC, 17-00114-KD-N. (2018)

Court: District Court, S.D. Alabama Number: infdco20180315881 Visitors: 9
Filed: Mar. 14, 2018
Latest Update: Mar. 14, 2018
Summary: ORDER KRISTI K. DuBOSE , Chief District Judge . After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the Report and Recommendations (Doc. 72) of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B)-(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(S), and dated February 8, 2018, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the mot
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ORDER

After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the Report and Recommendations (Doc. 72) of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B)-(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(S), and dated February 8, 2018, is ADOPTED as the opinion of this Court.

Accordingly, it is ORDERED that the motion to dismiss (Doc. 59) filed by Defendants Frank Warren, JoAnn Warren, Richard Colbourne, and Ronald Warren is GRANTED under Federal Rule of Civil Procedure 12(b)(5) or, alternatively, under Federal Rule 12(b)(4), and that Kennedy's claims against those Defendants are DISMISSED without prejudice. It is further ORDERED that those Defendants' motion to strike (Doc. 63) is DENIED.

DONE and ORDERED.

Source:  Leagle

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