Branch Banking and Trust Company v. R&T Rentals, L.L.C. et al

Filing 36

ORDER ADOPTING 35 REPORT AND RECOMMENDATIONS and denying 22 MOTION to Dismiss First Amended Complaint filed by R&T Rentals, L.L.C., F. Rutherford Smith, Jr., denying as moot 6 MOTION to Dismiss for Lack of Jurisdiction filed by C. Thurmon Bell, denying 14 MOTION to Dismiss filed by F. Rutherford Smith, Jr. be denied as set out.. Signed by Judge Kristi K. DuBose on 4/22/2011. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION BRANCH BANKING AND TRUST COMPANY, Plaintiff, v. R&T RENTALS, LLC, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 10-00518-KD-N 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. ยง 636(b)(1)(B) and dated April 4, 2011, is ADOPTED as the opinion of this Court and it is ORDERED that the motion to dismiss filed by C. Thurmon Bell (doc. 6) be DENIED as MOOT and that the motions to dismiss filed by R&T Rentals, L.L.C. and F. Rutherford Smith Jr. (docs. 14, 22) be DENIED. DONE this 22nd day of April, 2011. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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