Southwest Alabama Behavioral Health Care Systems v. Netsmart Technologies, Inc.

Filing 34

ORDER ADOPTING 24 REPORT AND RECOMMENDATIONS re 3 MOTION to Dismiss Plaintiff's Fraud Claim filed by Netsmart Technologies, Inc. is granted. Signed by Judge Kristi K. DuBose on 12/7/2015. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SOUTHWEST ALABAMA BEHAVIORAL ) HEALTH CARE SYSTEMS, ) Plaintiff, ) ) vs. ) ) NETSMART TECHNOLOGIES, INC., ) Defendant. ) CIVIL ACTION NO. 15-00469-KD-B ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed,1 the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated December 1, 2015 is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Defendant’s Motion to Dismiss Plaintiff’s fraud claim (Doc. 3) is GRANTED. DONE and ORDERED this the 7th day of December 2015. /s/ Kristi K. DuBose KRISTI K. DUBOSE UNITED STATES DISTRICT JUDGE 1 Plaintiff asserts: “The Magistrate-Judge has recommended (doc. 24) that the fraud claim be dismissed in its Report and Recommendation to the Court. That recommendation is due to be adopted.” (Doc. 25 at 2). 1

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