Clarke v. Tolbert Enterprises, LLC et al

Filing 57

ORDER ADOPTING 51 REPORT AND RECOMMENDATION as the opinion of this court, GRANTING 37 Motion to Dismiss Amended Complaint filed by Tolbert Enterprises, LLC, and DISMISSING plaintiff's claims against Tolbert Enterprises, LLC with prejudice for failure to state a claim upon which relief can be granted. Signed by Judge Callie V. S. Granade on 3/26/2013. (mab)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DR. RONALD CLARKE, et al., Plaintiff, vs. TOBERT 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) is ADOPTED as the opinion of this Court. Accordingly, Tolbert Enterprises, LLC’s motion to dismiss amended complaint (Doc. 37) is GRANTED, and plaintiffs’ claims against defendant Tolbert Enterprises, LLC are hereby DISMISSED with prejudice for failure to state a claim upon which relief can be granted. DONE and ORDERED this 26th day of March, 2013. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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