Pankey et al v. Western Arkansas Rock, Inc. et al

Filing 56

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 38 Report and Recommendations; denying 11 Motion to Dismiss for Failure to State a Claim. Signed by Honorable Susan O. Hickey on January 23, 2014. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION TERRELL PANKEY and SMITH COUNTY STONE, LLC VS. PLAINTIFFS Civil No. 4:13-cv-4046 WESTERN ARKANSAS ROCK, INC., et al DEFENDANTS ORDER Before the Court is the Report and Recommendation filed December 18, 2014, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 38). Judge Bryant recommends that Separate Defendant Luke Duffield’s Motion to Dismiss (ECF No. 11) be denied. The parties have not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and Recommendation in toto. Separate Defendant’s Motion to Dismiss (ECF No. 11) should be and hereby is DENIED. IT IS SO ORDERED, this 23rd day of January, 2014. /s/ Susan O. Hickey Hon. Susan O. Hickey United States District Judge

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