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)

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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. ) ) ) ) ) ) ) ) ) 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 2

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