Krishmar-Junker v. Kingline Equipment, Inc.

Filing 16

ORDER ADOPTING 15 REPORT AND RECOMMENDATIONS re 8 MOTION to Dismiss and Brief in Support of Same filed by Kingline Equipment, Inc. It is RECOMMENDED that Kingline's motion to dismiss be GRANTED in part and DENIED in part, as se t out herein. Plaintiff Krismar-Junker is to Amend the Complaint on or before 5/28/2024, to correct the deficiencies noted in the Report and Recommendation. (Copy of Order mailed to Plaintiff via USPS). Signed by District Judge Kristi K. DuBose on 5/13/2024. (jmr)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MARINA KRISHMAR-JUNKER, Plaintiff, v. KINGLINE EQIPMENT, INC., Defendant. ) ) ) ) ) ) ) ) ) CIV. ACTION: 1:23-00431-KD-B 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. 15), made under 28 U.S.C. § 636(b)(1)(B) and S.D. Ala. GenLR 72(a)(2)(S), and dated April 17, 2024, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Defendant Kingline Equipment, Inc.’s Motion to Dismiss, (Doc. 8), is GRANTED in part and DENIED in part as set out in the Magistrate Judge’s Report and Recommendation, (Doc. 15). Plaintiff Krishmar-Junker shall amend the Complaint on or before May 28, 2024, to correct the deficiencies noted in the Report and Recommendation. As stated, “[t]he claims that are . . . dismissed with prejudice should not be included in an amended compliant.” (Doc. 15 at 42 n.6). DONE and ORDERED this the 13th day of May 2024. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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