In Re: Natures Way Marine, LLC

Filing 100

ORDER ADOPTING 83 REPORT AND RECOMMENDATIONS re 40 MOTION to Dismiss filed by FlexiCrew Staffing, Inc. is DENIED. Apex/FCC, LLC's request for leave to amend its cross-claim against FlexiCrew Staffing, Inc. is GRANTED. Signed by Judge Kristi K. DuBose on 1/28/2013. (cmj)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION IN THE MATTER OF THE COMPLAINT OF ) ) ) ) ) ) ) ) NATURES WAY MARINE, LLC, Owner of the Tank Barge NWM 431 or AO 431 (Hull No. D 557753) for Exoneration from or imitation of Liability CASE NO. 12-0390-KD-N IN ADMIRALTY/RULE 9(h) 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 January 8, 2013, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the motion to dismiss (doc. 40-41) filed by FlexiCrew Staffing, Inc., Cross-Claim Defendant herein, be and is hereby DENIED; and It is further ORDERED that Apex/FCC, LLC’s request for leave to amend its crossclaim against FlexiCrew Staffing, Inc., is GRANTED. (See Doc. 52, p. 4; Doc. 53) Done this the 28th day of January, 2013. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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