Filed: Sep. 23, 2019
Latest Update: Sep. 23, 2019
Summary: MEMORANDUM ORDER DAVID STEWART CERCONE , District Judge . After Plaintiffs filed an amended complaint in the above-captioned matter, Defendants filed a Motions to Dismiss (ECF 9, 14, 19 & 35). A Report and Recommendation was filed by United States Magistrate Judge Patricia L. Dodge on August 28, 2019, (ECF 55) which recommended granting all of the Motions to Dismiss. No objections have been filed, and upon independent review of the record, and upon consideration of the Magistrate Judge's Re
Summary: MEMORANDUM ORDER DAVID STEWART CERCONE , District Judge . After Plaintiffs filed an amended complaint in the above-captioned matter, Defendants filed a Motions to Dismiss (ECF 9, 14, 19 & 35). A Report and Recommendation was filed by United States Magistrate Judge Patricia L. Dodge on August 28, 2019, (ECF 55) which recommended granting all of the Motions to Dismiss. No objections have been filed, and upon independent review of the record, and upon consideration of the Magistrate Judge's Rep..
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MEMORANDUM ORDER
DAVID STEWART CERCONE, District Judge.
After Plaintiffs filed an amended complaint in the above-captioned matter, Defendants filed a Motions to Dismiss (ECF 9, 14, 19 & 35). A Report and Recommendation was filed by United States Magistrate Judge Patricia L. Dodge on August 28, 2019, (ECF 55) which recommended granting all of the Motions to Dismiss. No objections have been filed, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is ADOPTED as the Opinion of this Court,
IT IS HEREBY ORDERED that the Motions to Dismiss (ECF 9, 14, 19 & 35) are GRANTED. Accordingly, all claims by Plaintiff Aaron Strader and Counts 3, 4, 6, 7, 8 & 9 are dismissed without prejudice because the Court lacks subject-matter jurisdiction over these claims. Counts 1, 2, 5, 10 and 11 are hereby dismissed with prejudice.
IT IS FURTHER ORDERED that Plaintiffs' Motion for Extension of Time to File Objections to the Report and Recommendation (ECF 57) is DENIED. The Court will give Plaintiffs until October 16, 2019 to file objections to the Report and Recommendation in the form of a Motion for Reconsideration of this Court's Order granting the motions to dismiss.
