Chiropartners, Inc. v. Gravely et al

Filing 37

ORDER ADOPTING 36 REPORT AND RECOMMENDATION, granting defendants' 20 MOTION to Dismiss, and dismissing the 19 First Amended Complaint without prejudice. Plaintiff is granted leave to file its amended complaint on or before 9/24/2012. Defendants' answer due within 14 days of receipt of the amended complaint. Signed by Judge Callie V. S. Granade on 9/13/2012. (mab)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CHIROPARTNERS, INC., : Plaintiff, : v. : CIVIL ACTION NO. 12-0223-CG-C STEVEN W. GRAVELY and JANE V. : GRAVELY, : Defendants. 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 recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated August 24, 2012 is ADOPTED as the opinion of this Court. Accordingly, the motion to dismiss the first amended complaint (Doc. 20) be and the same hereby is GRANTED, and as such, the first amended complaint (Doc. 19) is DISMISSED WITHOUT PREJUDICE to allow the plaintiff to add Dr. Beth Scherer, a co-owner of the Mark and, therefore, an indispensable party under Rule 19, as either a voluntary plaintiff or a defendant. The plaintiff is granted leave to file its amended complaint on or before September 24, 2012. The defendants’ answer shall be filed within fourteen (14) days of receipt of the amended complaint. DONE and ORDERED this 13th day of September, 2012. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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