Smith, et al v. Holiday Retirement Corporation, et al

Filing 35

ORDER ADOPTING 32 REPORT AND RECOMMENDATIONS re 30 MOTION to Dismiss (Renewed) filed by Holiday Retirement Corporation. The Motion is GRANTED and the claims against both Defendants Harvest and Clark are DISMISSED. Signed by Judge Kristi K. DuBose on 12/10/2014. (copies mailed) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MARIE SMITH, et al., Plaintiffs, v. HOLIDAY RETIREMENT CORP., et al., Defendant. : : : : : : : CIVIL ACTION 14-00333-KD-N ORDER After due and proper consideration of 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)(l)(B) and dated November 17, 2014, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the Renewed Motion to Dismiss (Doc. 30) filed by Harvest Management Sub Trs Corp. (Harvest), which according to Harvest is incorrectly named in the complaint as Defendant Holiday Retirement Corp., is GRANTED, and that the claims against both Defendants, Harvest and Clark, are DISMISSED due to Plaintiffs’ failure to prosecute and obey the Court orders. DONE and ORDERED this the 10th day of December 2014. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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