July v. Terminix International Company, 18-0024-TFM-B. (2018)
Court: District Court, S.D. Alabama
Number: infdco20181231662
Visitors: 6
Filed: Dec. 28, 2018
Latest Update: Dec. 28, 2018
Summary: ORDER TERRY F. MOORER , District Judge . Pending before the Court is the Report and Recommendation filed by the Magistrate Judge. See Doc. 19, filed 11/6/18). After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Defendant's Motion to Dismiss (Doc. 8, filed 5/15/2018) is DENIED as moot witho
Summary: ORDER TERRY F. MOORER , District Judge . Pending before the Court is the Report and Recommendation filed by the Magistrate Judge. See Doc. 19, filed 11/6/18). After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Defendant's Motion to Dismiss (Doc. 8, filed 5/15/2018) is DENIED as moot withou..
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ORDER
TERRY F. MOORER, District Judge.
Pending before the Court is the Report and Recommendation filed by the Magistrate Judge. See Doc. 19, filed 11/6/18). After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Defendant's Motion to Dismiss (Doc. 8, filed 5/15/2018) is DENIED as moot without prejudice to any arguments asserted.
Additionally, the Court finds that the pleading entitled Motion to Amendedment Complaint [sic] (Doc. 20, filed 11/20/2018) complies with the magistrate judge's requirement from the Report and Recommendation that Plaintiff file an amended complaint, and therefore, the pleading is construed to be an amended complaint.1
DONE and ORDERED.
FootNotes
1. The Court notes the Defendant's Response in Opposition to Plaintiff's Motion to Amend Complaint (Doc. 22, Filed on 12/5/18); however, since the motion has been construed to be the Plaintiff's amended complaint, the Defendant is directed to filed a response in compliance with the provisions of F.R.Civ.P. 15(a)(3) as opposed to an opposition to a motion. The timeline for Defendant's responsive pleading is triggered by the filing of this order.
Source: Leagle
