Virgen v. US Coatings, Inc.

Filing 37

ORDER ADOPTING 36 REPORT AND RECOMMENDATIONS: USC's various requests for sanctions 35 is DENIED. USC's request to dismiss or strike the complaint as frivolous and its pending motion for summary judgment 14 both are DENIED as moot, and Plaintiff's Rule 41(a)(2) is GRANTED in part and DENIED in part as set out. This action is dismissed with prejudice. Signed by Chief Judge Kristi K. DuBose on 10/4/17. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JULIO VIRGEN,
on behalf of himself and other
persons similarly situated,
Plaintiff,
v.
US COATINGS, INC.,
Defendant.

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) CIVIL ACTION NO. 17-00198-KD-N
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ORDER

After due and proper consideration of the issues raised, and there having been no
objections filed, the Report and Recommendations of the Magistrate Judge (Doc. 36) 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 September 15, 2017, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that the various requests for sanctions (Doc. 35) made by
Defendant U.S. Coatings, Inc. (“USC”) are DENIED, that USC’s request to dismiss or strike the
complaint as frivolous under S.D. Ala. CivLR 41(d) (Doc. 35) and its pending motion for
summary judgment (Doc. 14) are both DENIED as moot, and that the Plaintiff’s motion to
voluntarily dismiss under Federal Rule of Civil Procedure 41(a)(2) (Doc. 32) is GRANTED in
part and DENIED in part such that all claims asserted in this action by the natural person
Plaintiff, who has identified himself as Julio Virgen in this action but may go by other names,
aliases, identities, etc., are DISMISSED with prejudice.
DONE and ORDERED this the 4th day of October 2017.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE