Brown v. Utilities Board, City of Daphne, Ala

Filing 17

ORDER ADOPTING 16 REPORT AND RECOMMENDATIONS re 7 MOTION to Dismiss and/or in the Alternative, Motion to Strike Jury Demand filed by Utilities Board, City of Daphne, Ala. Defendant's motion, in the alternative, to strike the j ury demand, is granted and that the jury demand by plaintiff is stricken from the pleadings with her claims to proceed to a non-jury trial. Defendant's motion to dismiss for failure to timely serve is moot. Signed by Judge Kristi K. DuBose on 9/13/2016. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DELORIS N. BROWN,
Plaintiff,
vs.
UTILITIES BOARD, CITY OF
DAPHNE, ALABAMA,

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CIVIL ACTION 16-093-KD-M

Defendant.
ORDER
After due and proper consideration of the relevant pleadings and 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 22, 2016, is ADOPTED as the opinion of this Court.
It is ORDERED that Defendant’s Motion, in the Alternative, to Strike the Jury Demand
(Doc. 7), is GRANTED and that the jury demand articulated by Plaintiff be stricken from the
pleadings with her claims to proceed to a non-jury trial. As a result, Defendant’s motion to
dismiss for failure to timely serve is MOOT.
DONE and ORDERED this 13th day of September 2016.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE