Charter Services, Inc. v. D.L. Air, LLC

Filing 22

ORDER ADOPTING 21 REPORT AND RECOMMENDATIONS re 8 MOTION to Dismiss filed by Blossman Bancshares, Inc., Central Progressive Bank and 10 MOTION to Dismiss filed by Richard Blossman. The defendants' motion to dismiss the complaint is DENIED as set out. Signed by Judge Kristi K. DuBose on 11/2/09. Copies to parties on 11/3/09. (mpp)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CHARTER SERVICES, INC. and ) MOBILE FRACTIONAL LEASING, LLC, ) ) Plaintiffs, ) ) v. ) ) DL AIR, LLC, et al., ) Defendants. )

CIVIL ACTION NO.: 09-00281-KD-N

ORDER After due and proper consideration of all pleadings in this file, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636 and dated October 14, 2009 is ADOPTED as the opinion of this Court. It is hereby ORDERED that Defendant Richard Blossman's Motion to Dismiss is DENIED; and that the Motion of Defendants Central Progressive Bank and Blossman Bancshares, Inc. to Dismiss or for Summary Judgment be DENIED, provided, however, that defendants are granted leave to renew their request for summary judgment at the close of discovery. DONE and ORDERED this the 2nd day of November 2009. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE