SmartBank v. The Public Park and Recreation Board of Washington County et al

Filing 43

ORDER ADOPTING 42 REPORT AND RECOMMENDATIONS re 27 MOTION to Dismiss filed by The Public Park and Recreation Board of Washington County. It is ordered that the Board's motion to abstain and dismiss be DENIED as to Count 3 and otherwise GRANTED, such that Counts 1 and 2 are DISMISSED without prejudice. Signed by Chief Judge Kristi K. DuBose on 11/19/2018. (srd)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
SMARTBANK, a Tennessee banking
Corporation, successor by merger to
Capstone Bank,
Plaintiff,

)
)
)
)
)
v.
)
)
THE PUBLIC PARK AND RECREATION )
BOARD OF WASHINGTON COUNTY, an )
Alabama non-profit corporation also
)
known as Washington County Parks and
)
Recreation Board, et al.,
)
Defendants.
)

CIVIL ACTION NO. 1:18-00246-KD-N

ORDER
After due and proper consideration of the issues raised, and there having been no
objections filed, the Report and Recommendation of the Magistrate Judge (Doc. 42) 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 24, 2018, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that the motion to abstain and dismiss (Doc. 27) filed by
Defendant the Public Park and Recreation Board of Washington County, a/k/a Washington
County Parks and Recreation Board is DENIED as to Count 3 of the complaint and is otherwise
GRANTED, such that Counts 1 and 2 are DISMISSED without prejudice.
DONE and ORDERED this the 19th day of November 2018.

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