Clarke v. Tolbert Enterprises, LLC et al

Filing 33

ORDER ADOPTING 32 REPORT AND RECOMMENDATION, granting plaintiff's, 28 MOTION for leave to amend complaint, and denying as moot defendants' 19 & 22 MOTIONs to Dismiss. Plaintiff's amended complaint to be filed on or before 8/9/2012. Defendants' answers due no later than 8/23/2012. Signed by Judge Callie V. S. Granade on 8/2/2012. (mab)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION RONALD CLARKE, Plaintiff, v. TOLBERT ENTERPRISES, LLC, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 11-0643-CG-B 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 July 18, 2012 (Doc. 32), is ADOPTED as the opinion of this Court. Plaintiff’s motion for leave to amend is hereby GRANTED, and defendants’ motions to dismiss are hereby DENIED as moot. On or before August 9, 2012, the plaintiff is ORDERED to file an amended complaint that cures the deficiencies raised by the defendants in their motions to dismiss. Defendants’ answers to the amended complaint shall be filed no later than August 23, 2012. DONE and ORDERED this 2nd day of August, 2012. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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