Harvest v. The Grand Reserve MGM L.L.C. et al

Filing 25

ORDER (1) ADOPTING 22 REPORT AND RECOMMENDATION of the Magistrate Judge; (2) plf's 18 Motion for Leave to File second amended complaint is GRANTED; (3) def's 9 Motion to Dismiss is DENIED as moot; (4) plf shall file electronic ally a duplicate of the amended complaint ( 18 -1), with a current filing date and certificate of service, on or before 10/26/2017; (5) this case is referred back to the Mag Judge for further proceedings consistent with this opinion; the court sua s ponte AMENDS the caption to reflect the def's correct name; directing the parties to use the new caption as it appears on this order for all future submissions to the court, and the clerk of court is directed to change the caption accordingly. Signed by Chief Judge William Keith Watkins on 10/19/17. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
KHELSI S. HARVEST,
Plaintiff,
v.
THE GRAND RESERVE MGM
LLC, d/b/a THE GRAND RESERVE
PIKE ROAD,
Defendant.

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CASE NO. 2:17-CV-209-WKW
[WO]

ORDER
On September 21, 2017, the Magistrate Judge filed a Recommendation (Doc.
# 22) to which no timely objections have been filed. Upon an independent review
of the record and upon consideration of the Recommendation, it is ORDERED that:
1.

The Magistrate Judge’s Recommendation (Doc. # 22) is ADOPTED;

2.

Plaintiff’s Motion for Leave to File Second Amended Complaint (Doc.
# 18) is GRANTED;

3.

Defendant’s Motion to Dismiss (Doc. # 9) is DENIED as moot;

4.

Plaintiff shall file electronically a duplicate of the amended complaint
(Doc. # 18-1), with a current filing date and certificate of service, on or
before October 26, 2017;

5.

This case is REFERRED back to the Magistrate Judge for further
proceedings consistent with this opinion.

Additionally, Defendant notes in its Motion to Dismiss (Doc. # 9), supporting
brief (Doc. # 10), and reply brief (Doc. # 20) that—although Plaintiff has identified
it as two separate entities—Defendant is “properly identified as The Grand Reserve
MGM, LLC d/b/a The Grand Reserve Pike Road.” (Doc. # 9, at 1; Doc. # 10, at 1;
Doc. # 20, at 1.) The court sua sponte AMENDS the caption to reflect Defendant’s
correct name. The parties are DIRECTED to use the new caption as it appears on
this Order for all future submissions to the court, and the Clerk of Court is
DIRECTED to change the caption accordingly.
DONE this 19th day of October, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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