Binion et al v. The United States Department of Agriculture et al (MAG+)

Filing 49

OPINION AND ORDER: 1) ADOPTING the 46 recommendation of the United States Magistrate Judge; 2) CONSTRUING the 37 Motion to Dismiss as a motion to dismiss or in the alternative for a more definite statement; 3) GRANTING the 37 Motion for Mo re Definite Statement; 4) DENYING the 37 Motion to Dismiss; 5) DENYING as moot the 23 Motion for Preliminary Injunction, the 24 & 34 Motions to set a Hearing, and the 42 Motion to defer the motion to dismiss, with leave to refile; 6) GRANTING the 41 & 44 Motions for leave to Amend; further ORDERING that this case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 9/24/2019. (am, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ROBERT BINION and COREY
LEA,
Plaintiffs,
v.
THE UNITED STATES
DEPARTMENT OF AGRICULTURE
and SONNY PERDUE,
Secretary of Agriculture,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
2:18cv544-MHT
(WO)

OPINION AND ORDER
This case is before the court on the recommendation
of the United States Magistrate Judge that defendants’
motion to dismiss be construed as a motion to dismiss
or in the alternative for a more definite statement;
that

the

motion

for

a

more

definite

statement

granted; and that the motion to dismiss be denied.

be
The

magistrate judge also recommends granting plaintiffs’
motions for leave to amend and denying certain other
motions filed by plaintiffs.

There are no objections

to the recommendation.

Upon an independent and de novo

review of the record, it is ORDERED as follows:
(1) The

recommendation

of

the

United

States

Magistrate Judge (doc. no. 46) is adopted.
(2) The

motion

to

dismiss

(doc.

no.

37)

is

construed as a motion to dismiss or in the alternative
for a more definite statement.
(3) The motion for a more definite statement (doc.
no. 37) is granted.
(4) The motion to dismiss (doc. no. 37) is denied.
(5) The motion for preliminary injunction (doc. no.
23), motions to set a hearing (doc. nos. 24 & 34), and
motion to defer the motion to dismiss (doc. no. 42) are
denied as moot, with leave to refile.
(6) The motions for leave to amend (doc. nos. 41 &
44) are granted.
It is further ORDERED that this case is referred
back to the magistrate judge for further proceedings.
DONE, this the 24th day of September, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE