Frazer v. Johnson Controls Inc et al

Filing 72

ORDER adopting and accepting #56 Report and Recommendations. denying #42 Motion to Dismiss. Signed by Chief Judge Sharon Lovelace Blackburn on 9/29/2013. (KAM, )

FILED
2013 Sep-30 AM 08:45
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
COURTNEY FRAZER,
Plaintiff,
vs.
JOHNSON CONTROLS, INC.; ANM
SERVICES, LLC; EDIASA; GENOT’S
AZ QUALITY SERVICES, INC., d/b/a/
AZ Quality; WILLIAM YEE,
Defendants.

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CASE NO. 7:11-CV-3956-JHE

ORDER
On December 20, 2012, the Magistrate Judge filed his Report and Recommendation,
(doc. 56),1 recommending that the Motion to Dismiss filed by ANM Services, (doc. 42), be
denied based on his determination “that service on Varner [defendant ANM’s registered
agent for service in Mississippi] constituted service on this defendant under Rule 4(h),” (doc.
56 at 3). ANM did not object to the Report and Recommendation and has filed an Answer.
ANM’s Motion to Dismiss, (doc. 42), was referred to this court for disposition.
Based on the court’s review of the record, the Report of the Magistrate Judge is
ADOPTED and his Recommendation to deny ANM’s Motion to Dismiss is ACCEPTED.
ANM’s Motion to Dismiss, (doc. 42), is DENIED.

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Reference to a document number, [“Doc. ___”], refers to the number assigned to each
document as it is filed in the court’s record.

DONE, this 29th day of September, 2013.

SHARON LOVELACE BLACKBURN
CHIEF UNITED STATES DISTRICT JUDGE

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