Bugg et al v. Stachey et al

Filing 36

ORDER adopting in toto 31 Report and Recommendations; Further, denying 11 Motion for Judgment on the Pleadings; denying 13 Amended Motion for Judgment on the Pleadings; denying as moot 16 Motion to Strike. Signed by Honorable Susan O. Hickey on November 27, 2018. (mjm)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION DANNY BUGG and ELDON BUGG v. PLAINTIFFS CASE NO. 6:18-CV-06040 JASON STACHEY, in his official and individual capacities; BRIAN ALBRIGHT, in his official and individual capacities; DAVID FRASHER, in his official and individual capacities; and CITY OF HOT SPRINGS, ARKANSAS DEFENDANTS ORDER Before the Court is the Report and Recommendation filed November 7, 2018, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 31. Judge Bryant recommends that Defendants’ Motion for Judgment on the Pleadings (ECF No. 11) and Amended Motion for Judgment on the Pleadings (ECF No. 13) be denied. Judge Bryant further recommends that Plaintiffs’ Motion to Strike (ECF No. 16) be denied as moot. 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). Upon review, the Court adopts Judge Bryant’s Report and Recommendation in toto. Accordingly, Defendants’ Motion for Judgment on the Pleadings (ECF No. 11) and Amended Motion for Judgment on the Pleadings (ECF No. 13) are hereby DENIED. Additionally, Plaintiffs’ Motion to Strike (ECF No. 16) is DENIED AS MOOT. IT IS SO ORDERED, this 27th day of November, 2018. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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