Filed: Jan. 08, 2015
Latest Update: Jan. 08, 2015
Summary: ORDER PAUL G. BYRON, District Judge. This cause is before the Court on Defendant's Motion to Dismiss Plaintiff's First Amended Complaint (Doc. 16), filed April 18, 2014, and Plaintiff's Corrected Unopposed Motion for Leave to File Second Amended Complaint (Doc. 41), filed January 6, 2015. The United States Magistrate Judge has submitted a report recommending that Defendant's Motion to Dismiss Plaintiff's First Amended Complaint be GRANTED in part and DENIED in part. (Doc. 39). After an inde
Summary: ORDER PAUL G. BYRON, District Judge. This cause is before the Court on Defendant's Motion to Dismiss Plaintiff's First Amended Complaint (Doc. 16), filed April 18, 2014, and Plaintiff's Corrected Unopposed Motion for Leave to File Second Amended Complaint (Doc. 41), filed January 6, 2015. The United States Magistrate Judge has submitted a report recommending that Defendant's Motion to Dismiss Plaintiff's First Amended Complaint be GRANTED in part and DENIED in part. (Doc. 39). After an indep..
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ORDER
PAUL G. BYRON, District Judge.
This cause is before the Court on Defendant's Motion to Dismiss Plaintiff's First Amended Complaint (Doc. 16), filed April 18, 2014, and Plaintiff's Corrected Unopposed Motion for Leave to File Second Amended Complaint (Doc. 41), filed January 6, 2015.
The United States Magistrate Judge has submitted a report recommending that Defendant's Motion to Dismiss Plaintiff's First Amended Complaint be GRANTED in part and DENIED in part. (Doc. 39).
After an independent de novo review of the record in this matter, and construing Plaintiff's Corrected Unopposed Motion for Leave to File Second Amended Complaint as a statement of no objection, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1. The Report and Recommendation filed December 23, 2014 (Doc. 39), is ADOPTED and CONFIRMED and made a part of this Order.
2. The Defendant's Motion to Dismiss Plaintiff's First Amended Complaint (Doc. 16) is GRANTED IN PART and DENIED IN PART as follows:
a. The Defendant's Motion to Dismiss Plaintiff's First Amended Complaint is GRANTED as to Count I, II, and VI of the First Amended Complaint.
b. The Defendant's Motion to Dismiss Plaintiff's First Amended Complaint is DENIED in all other respects.
3. Plaintiff's Corrected Unopposed Motion for Leave to File Second Amended Complaint (Doc. 41) is GRANTED. Plaintiff shall file his signed Second Amended Complaint within five (5) days from the date of this Order.
DONE and ORDERED.
