ANZ USA, LLC et al v. Bush Hog, LLC et al

Filing 66

ORDER ADOPTING 56 REPORT AND RECOMMENDATIONS re 34 MOTION for More Definite Statement and/or to Dismiss Second Amended Complaint filed by Henry Crown & Company, Bush Hog, LLC, recommending that the motion for a more definite statement be d enied and that Defendants' alternative motion to dismiss the Second Amended Complaint be Granted as to Counts Six and Seven and denied as to all other counts. In light of this recommendation, Plaintiffs' motion for leave to file a sur-reply in opposition to defendants' motion to dismiss (doc. 55) is denied as moot. Signed by Judge Kristi K. DuBose on 10/20/09. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ANZ ADVANCED TECHNOLOGIES, LLC ) d/b/a ANZ USA, LLC, et al., Plaintiffs, v. BUSH HOG, LLC, et al., Defendant. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 09-00228-KD-N ORDER After due and proper consideration of all portions of this file deemed relevant to the issue raised, and there having been no objections filed, the Report and 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 motion to dismiss be and is hereby GRANTED as to Counts Six and Seven of the Second Amended Complaint but otherwise DENIED. DONE this 20th day of October, 2009. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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