Gulf Coast Asphalt Company, L.L.C. v. Chevron U.S.A., Inc.

Filing 47

ORDER ADOPTING 46 REPORT AND RECOMMENDATION as the opinion of this Court. It is ORDERED that Defendant's Motion to Dismiss (Doc. 21 ) be GRANTED and that Count II in the Complaint be DISMISSED, with prejudice. Signed by Chief Judge Callie V. S. Granade on 08/17/2009. (mab)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION GULF COAST ASPHALT CO., L.L.C., Plaintiff, vs. CHEVRON U.S.A., INC., Defendant. : : : : : CIVIL ACTION 09-0187-CG-M : : : : ORDER After due and proper consideration of all pleadings in this file, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is adopted as the opinion of this Court. It is ORDERED that Defendant's Motion to Dismiss (Doc. 21) be GRANTED and that Count II in the Complaint be DISMISSED, with prejudice. DONE and ORDERED this 17th day of August, 2009.

/s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE