Floyd v. PEM Real Estate Group et al

Filing 100

ORDER ADOPTING 96 REPORT AND RECOMMENDATION and GRANTING 83 MOTION for Judgment on the Pleadings by HW Investco, LLC as set out. Remainder of case is REFERRED back to Magistrate Judge. Signed by District Judge Terry F. Moorer on 02/14/2019. (srd) (copy to Plt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
B. RENEL FLOYD
Plaintiff,
vs.
PEM REAL ESTATE GROUP, et al
Defendants.

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CIVIL ACTION NO. 1:17-cv-451-TFM-N

ORDER
On January 9, 2019, the magistrate judge entered a report and recommendation which
recommends the Motion for Judgment filed by Defendant HW Mobile Investco LLC be granted.
See Doc. 96. Plaintiff filed her objections on January 25, 2019 which is more than 14 days after
the entry of the report and recommendation. See Doc. 97. Though normally pro se parties are
given the benefit of mailing time, Plaintiff was previously given the ability to electronically file
and therefore the objections are two days late. Defendant timely responded to the objections and
noted their tardiness. See Doc. 98. Regardless of whether they were timely and whether the court
applies a de novo or clearly erroneous standard, the objections lack merit and are overruled.
Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED and
Investco’s Motion for Judgment on the Pleadings (Doc. 83) is GRANTED.
This remainder of this case is REFERRED back to the Magistrate Judge pursuant to 28
U.S.C. § 636(b)(1).
DONE and ORDERED this the 14th day of February 2019.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE

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