Woodard v. Transport Magog Express, Inc. et al

Filing 37

ORDER ADOPTING the 35 REPORT AND RECOMMENDATIONS. It is ORDERED that Defendant's partial Motion to Dismiss (Doc. 18) be DENIED, in part, and GRANTED, in part, as set forth in the Magistrate Judges Report and Recommendation. It is further ORDERED that the allegations contained in the Third Cause of Action of the Amended Complaint that are specifically set forth in the Report and Recommendation be STRICKEN. Signed by District Judge Jeffrey U. Beaverstock on 2/28/2019. (tgw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION VANQUEZ WOODARD, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. TRANSPORT MAGOG EXPRESS, INC., et al., Defendants. CIVIL ACTION NO. 18-0079-JB-MU ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Recommendation to which objection is made, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that Defendant’s partial Motion to Dismiss (Doc. 18) be DENIED, in part, and GRANTED, in part, as set forth in the Magistrate Judge’s Report and Recommendation. It is further ORDERED that the allegations contained in the Third Cause of Action of the Amended Complaint that are specifically set forth in the Report and Recommendation be STRICKEN. DONE this 28th day of February, 2019. s/JEFFREY U. BEAVERSTOCK UNITED STATES DISTRICT JUDGE

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