United States of America et al v. Austal USA, LLC

Filing 45

ORDER ADOPTING 44 Report and Recommendation as the opinion of this Court; GRANTING 34 Motion to dismiss as to claims one and two and DENYING motion as to claim three; and GRANTING 33 Motion to strike. Plaintiffs are ORDERED to file a Second Amended Complaint, omitting the dismissed claims and the stricken paragraphs, no later than 10/7/2015. Signed by Judge Callie V. S. Granade on 9/30/2015. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
UNITED STATES OF AMERICA, ex
rel., WILLIAM GATES, CLINTON
ROUNTREE, JAMES TRAINOR,
AND TAMI ANDREWS,
Plaintiffs/Relators,
vs.
AUSTAL USA, LLC,
Defendant.

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CIVIL ACTION NO. 14-0261-CG-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) dated August 10, 2015, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Defendant’s Motion to dismiss (Docs. 34-35) is
GRANTED as to claims one and two and that the Motion is DENIED as to claim three.
It is further ORDERED that the Defendant’s Motion to Strike (Doc. 33) is GRANTED.
Plaintiffs are ORDERED to file a Second Amended Complaint, omitting the
dismissed claims and the stricken paragraphs, no later than October, 7, 2015.
DONE and ORDERED this 30th day of September, 2015.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE