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)

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