Williams v. Le Crewe De Spaniards et al

Filing 41

ORDER ADOPTING 38 REPORT AND RECOMMENDATIONS re 9 MOTION to Dismiss filed by Le Crewe De Spaniards. It is recommended that the motion to dismiss be GRANTED IN PART and DENIED IN PART. The motion to dismiss is GRANTED with respect to Count One and DENIED with respect to Count Two. Count One is DISMISSED to the extent it purports to state a claim against the Crewe. Signed by Judge William H. Steele on 1/23/09. (srr)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION NAOMI WILLIAMS, Plaintiff, v. LE CREWE DE SPANIARDS, et al., Defendants. ) ) ) ) ) CIVIL ACTION 08-0506-WS-C ) ) ) ) ORDER This matter is before the Court on the motion to dismiss Counts One and Two filed by defendant Le Crewe de Spaniards ("the Crewe"). (Doc. 10). The Magistrate Judge has issued a report and recommendation ("R&R") recommending that the motion to dismiss be granted as to Count One and denied as to Count Two. (Doc. 38). The parties were notified of their right to file objections to the R&R and warned that "[f]ailure to do so will bar a de novo determination by the district judge of anything in the recommendation ...." (Id. at 38). See also United States v. Woodard, 387 F.3d 1329, 1334 (11th Cir. 2004) (the availability of de novo review "if requested" satisfies Article III). Even when an objection is nominally made, "[f]ailure to submit a brief in support of [an] objection may be deemed an abandonment of the objection." Local Rule 72.4(a). The parties failed to object to the R&R and are therefore deemed to have waived all objection thereto. After due and proper consideration of all portions of the file relevant to the issues raised, and there having been no objections filed, the recommendation of the Magistrate Judge, though not necessarily all the analysis antecedent thereto, is adopted. Accordingly, the Crewe's motion to dismiss is granted with respect to Count One and denied with respect to Count Two. Count One is dismissed to the extent it purports to state a claim against the Crewe.

DONE and ORDERED this 23rd day of January, 2009. s/ WILLIAM H. STEELE UNITED STATES DISTRICT JUDGE

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