Marler et al v. Cook et al

Filing 41

ORDER ADOPTING 37 Report and Recommendation as the opinion of this Court, and DENYING defendants' 28 motion to dismiss amended complaint. Signed by Judge Callie V. S. Granade on 12/6/2013. (mab)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CLARENCE OLIN MARLER and GREG MARLER CHARTER BOATS, INC., Plaintiffs, vs. TINA PLATTSMIER COOK, JOEL C. COOK, and NAUTICAL EXCURSIONS, LLC, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 13-0423-CG-N 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)(l)(B) and dated November 18, 2013 is ADOPTED as the opinion of this Court. It is ORDERED that defendants’ motion to dismiss (Doc. 28) the amended complaint is hereby DENIED. DONE and ORDERED this 6th day of December, 2013. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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