Johnson v. Dirt Cheap, LLC et al

Filing 22

ORDER ADOPTING 20 Report and Recommendation, correcting sentence four in the first paragraph of page two of recommendation as set out; DENYING as MOOT 16 Defendants' Motion to Strike; GRANTING Plaintiff's 13 MOTION to Amend Complaint and Remand; and REMANDING case to the Circuit Court of Clarke County, Alabama for further proceedings. Signed by Judge Callie V. S. Granade on 1/11/2016. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BERNICE P. JOHNSON,
Plaintiff,
vs.
DIRT CHEAP, LLC, et al.,
Defendants.

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CA 15-00093-CG-C

ORDER
After due and proper consideration of all issues raised, and a de novo
determination of those portions of the recommendation to which objection is made,
the recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B)
and dated November 13, 2015 is ADOPTED as the opinion of this Court, with the
exception as noted in Defendants’ Objection to Recommendation Report (Doc. 21).
The Background portion of the Report and Recommendation, sentence four
in the first paragraph on page two of the recommendation, is corrected to read as
follows:
“The Plaintiff contends that the Defendants, acting through their agents
or employees, allegedly permitted, allowed, or created the dangerous
condition, had actual or constructive knowledge of the dangerous condition,
and failed to exercise reasonable care regarding the object’s presence in the
aisle. (Id. at 17-18).”
Accordingly, Defendants' Motions to Strike (Doc. 16) is DENIED as MOOT,
Plaintiff’s Motion to Amend and Remand (Doc. 18) is GRANTED, and this matter

is REMANDED to the Circuit Court of Clarke County, Alabama for further
proceedings.
DONE and ORDERED this 11th day of January, 2016.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

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