Slep-Tone Entertainment Corporation v. Shell et al

Filing 70

MEMORANDUM OPINION. Signed by Judge R David Proctor on 8/18/2014. (AVC)

FILED
2014 Aug-18 PM 05:00
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
SLEP-TONE ENTERTAINMENT )
CORPORATION,
)
)
Plaintiff,
)
)
v.
)
)
MIKE SHELL, et al.,
)
)
Defendants.
)

Case No. 2:11-cv-03409-RDP

MEMORANDUM OPINION
On July 29, 2014, the Magistrate Judge’s Report and Recommendation was
entered and the parties were allowed therein fourteen (14) days in which to file
objections to the recommendations made by the Magistrate Judge. On August 12,
2014, Defendant Jo-Robb, LLC, filed objections to the Magistrate Judge’s Report and
Recommendation.
After careful consideration of the record in this case, the Magistrate Judge’s
Report and Recommendation and the objections thereto, the court hereby ADOPTS
the Report of the Magistrate Judge.

The court further ACCEPTS the

recommendations of the Magistrate Judge that Plaintiff’s claims against Defendants
Andrew Bates, Lynn Bates, Johnny Drummonds, Sherry Ehley, Phil Harris, Gary
Jackson, Michael Leonard, Matthew Shaw, Chance Smith, Dry Riders L.L.C., and
LT, LLC, be dismissed without prejudice. However, the court REJECTS the

recommendation of the Magistrate Judge that this action proceed against Jo-Robb,
LLC, as the sole Defendant.
In the Memorandum Opinion entered in this action on October 8, 2013 (Doc.
61), the court stated that before it would entertain a new, separate action against
Defendant Jo-Rob, LLC, Plaintiff must file a new complaint and pay the
accompanying filing fee, on the basis of improper joinder. Plaintiff failed to file a
new complaint against Jo-Rob, LLC. Therefore, the remaining claims in this action
by Plaintiff against Jo-Robb, LLC, are due to be dismissed without prejudice.
A separate order in conformity with this Memorandum Opinion will be entered
contemporaneously herewith.
DONE and ORDERED this

18th

day of August, 2014.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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