Escapes!, Inc. v. Legacy Land & Developments, LLC et al

Filing 73

ORDER ADOPTING 72 REPORT AND RECOMMENDATIONS re 41 MOTION to Dismiss filed by William Kearney, recommending that Defendant Kearney's Motion be denied and that this action be allowed to continue. Signed by Judge Kristi K. DuBose on 3/5/2010. (copies mailed) (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ESCAPES!, INC., Plaintiff, vs. LEGACY LAND & DEVELOPMENT LLC; et al., Defendants. ) ) ) ) ) ) ) )

CIVIL ACTION NO: 09-00515-KD-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) and dated February 17, 2010, is ADOPTED as the opinion of this Court. Accordingly, it is hereby ORDERED that Defendant William J. Kearney's Motion to Dismiss (Docs. 41, 54) is DENIED. DONE and ORDERED this the 5th day of March 2010. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE