SouthBark, Inc. et al v. Mobile County Commission et al

Filing 43

ORDER ADOPTING 39 REPORT AND RECOMMENDATIONS re 30 MOTION to Dismiss (Partial) filed by Connie Hudson, Mercera Ludgood, John Pafenback, Nancy Johnson, Mobile County Commission. Defendants' Motion to Dismiss (Doc. 30) is gr anted as to the following: Plaintiff Dusty Fellers asserted claim of standing; count six (§ 1983 defamation); count seven (§ 1983 defamation); and count fourteen(negligence). Defendants' Motion to Dismiss (Doc. 30) is denied as to the following: count one (municipal liability under 42 U.S.C. § 1983); count two (free speech); count ten (free speech provision of State constitution); and count thirteen (State common law defamation) Plaintiff Dusty Feller is dismissed as a party to this action and counts six, seven, and fourteen are dismissed as they fail to state a claim upon which this Court can grant relief.. Signed by Judge Kristi K. DuBose on 9/27/2013. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SOUTHBARK, INC., et al., Plaintiffs, * * * vs. * * * MOBILE COUNTY COMMISSION, et al., * Defendants. * CIVIL ACTION NO. 13-00183-KD-M ORDER After due and proper consideration of the issues raised, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated September 11, 2013, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Defendants’ Motion to Dismiss (Doc. 30) is GRANTED in part and DENIED in part as follows: GRANTED as to Plaintiff Dusty Feller’s asserted claim of standing, Count Six (Section 1983 defamation), Count Seven (Section 1983 defamation) and Count Fourteen (negligence) such that those claims are DISMISSED and Plaintiff Dusty Feller is DISMISSED as a party to this action; and DENIED as to Count One (municipal liability under Section 1983), Count Two (free speech), Count Ten (free speech provision of State constitution) and Count Thirteen (state common law defamation). DONE and ORDERED this the 27th day of September 2013. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 1

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