Heartland Barge Management, L.L.C. v. Dixie Pellets, L.L.C. et al

Filing 48

ORDER ADOPTING 45 REPORT AND RECOMMENDATIONS re 32 MOTION to Dismiss filed by Harbert DP, LLC, recommending that Defendant's motion be granted and that Plaintiff be granted leave to amend its complaint. Plaintiff is granted leave to file an amended complaint by 3/8/2010. Signed by Judge Kristi K. DuBose on 2/22/2010. (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION HEARTLAND BARGE MANAGEMENT, * L.L.C., * * Plaintiff, * * vs. * * DIXIE PELLETS, L.L.C., et al., * * Defendants. * ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated February 2, 2010, is ADOPTED as the opinion of this Court. Plaintiff is granted leave to file an amended complaint by March 8, 2010. DONE and ORDERED this the 22nd day of February 2010. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

Civil Action No. 09-00585-KD-B