Silver Ships, Inc. v. Louis T. Codega, P.E. et al

Filing 27

ORDER ADOPTING 18 Report and Recommendation as the opinion of this Court; construing Plaintiff's 10 response as an unopposed motion to voluntarily dismiss its complaint with prejudice as to LTCNA, P.C.; GRANTING motion; dismissing with pre judice Silver Ships' complaint against LTCNA, P.C.; finding Defendant's 2 motion MOOT as to LTCNA, P.C.; GRANTING Defendant's 2 motion to dismiss as to Codega; and DISMISSING with prejudice Counts I and III. Signed by Senior Judge Callie V. S. Granade on 11/16/2017. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
SILVER SHIPS, INC.,
Plaintiff/Counter-Defendant,
vs.
LOUIS T. CODEGA, P.E., et al.,
Defendants/Counterclaimant.

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CIVIL ACTION NO. 17-0404-CG-N

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 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 October 19, 2017, is ADOPTED as the opinion of this Court.
Accordingly, as to the motion to dismiss under Federal Rule of Civil
Procedure 12(b)(6) (Doc. 2) filed by Defendants/Counterclaimants Louis T. Codega,
P.E. (“Codega”) and Louis T. Codega, Naval Architects, P.C. (“LTCNA, P.C.”)
(collectively, “the Defendants”), it is ORDERED as follows:
1. The Court construes the response (Doc. 10) of Plaintiff Silver Ships, Inc. as
an unopposed motion to voluntarily dismiss its complaint with prejudice as to
LTCNA, P.C. under Federal Rule of Civil Procedure 41(a)(2), GRANTS said
Rule 41(a)(2) motion, and DISMISSES with prejudice Silver Ships’
complaint against LTCNA, P.C.

2. The Court accordingly finds the Defendants’ Rule 12(b)(6) motion (Doc. 2)
MOOT as to LTCNA, P.C.
3. The Defendants’ Rule 12(b)(6) motion (Doc. 2) is GRANTED as to Codega,
and the claims against him in Counts I and III are DISMISSED with
prejudice.
DONE and ORDERED this 16th day of November, 2017.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE

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