McSween et al v. Dometic Corporation

Filing 104

ORDER ADOPTING 84 REPORT AND RECOMMENDATION; GRANTING Defendants' motions to dismiss (Docs. 73 & 74 ); DISMISSING Counts X and XI of the plaintiffs' complaint; and finding that the substantive rights of the Plaintiffs in this action will be determined by the law of the State of Florida. Signed by Judge Callie V. S. Granade on 10/25/2011. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
GINGER McSWEEN, et al.,

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Plaintiffs,
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v.
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NEWMAR CORPORATION, et al., )
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Defendants.
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Civil Action No. 10-00603-CG-M

ORDER
This matter is before the court on the report and recommendation of the
magistrate judge (Doc. 84); the objection of the plaintiffs, Ginger and Larry
McSween (“the McSweens”) to the report and recommendation (Doc. 86); and the
response of the defendants, Dometic Corporation and Dometic, LLC (“Dometic”) to
the McSweens’ objection (Doc. 90).
The magistrate judge recommended that the motions to dismiss filed by
defendants, Newmar Corporation (“Newmar”) and Dometic (Docs. 73 and 74), be
granted, and that Counts X and XI of the complaint be dismissed. See Doc. 84. The
magistrate judge further recommended that all the substantive rights of the
McSweens be determined by Florida’s substantive law. Id. Upon a de novo review
of those portions of the report and recommendation to which the objection is made,
the Recommendation of the Magistrate Judge made under 28 U.S.C. ' 636(b)(1)(B)
is ADOPTED as the opinion of this court. The court therefore finds that the
defendants’ Motions to Dismiss (Docs. 73 and 74) should be GRANTED and that
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the substantive rights of the Plaintiffs in this action will be determined by the law
of the State of Florida. It is ORDERED that Counts X and XI of the plaintiffs’
complaint be and are hereby DISMISSED.
DONE and ORDERED this 25th day of October, 2011.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

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