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)

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.

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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. § 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