Kennedy v. Warren Properties, LLC et al

Filing 77

ORDER ADOPTING 72 REPORT AND RECOMMENDATIONS granting 59 MOTION to Dismiss filed by Richard Colbourne, Joanne C. Warren, Frank R. Warren, Ronald T. Warren. Kennedy's claims against those Defendants are dismissed without prejudice. It is further ordered that those Defendants' 63 Motion to Strike is denied. Signed by Chief Judge Kristi K. DuBose on 03/14/2018. (nah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
D. ANGELINA KENNEDY,
Plaintiff,
v.
WARREN PROPERTIES, LLC, et al.,
Defendants.

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) CIVIL ACTION NO. 17-00114-KD-N
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ORDER

After due and proper consideration of the issues raised, and a de novo determination of
those portions of the recommendation to which objection is made, the Report and
Recommendations (Doc. 72) of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B)-(C),
Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(S), and dated February 8,
2018, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that the motion to dismiss (Doc. 59) filed by Defendants
Frank Warren, JoAnn Warren, Richard Colbourne, and Ronald Warren is GRANTED under
Federal Rule of Civil Procedure 12(b)(5) or, alternatively, under Federal Rule 12(b)(4), and that
Kennedy’s claims against those Defendants are DISMISSED without prejudice. It is further
ORDERED that those Defendants’ motion to strike (Doc. 63) is DENIED.
DONE and ORDERED this the 14th day of March 2018.

/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE