Crawford et al v. George & Lynch Inc. et al

Filing 198

ORDER ADOPTING REPORT AND RECOMMENDATIONS; granting in part and denying in part 71 Motion to Dismiss; adopting Report and Recommendations re 149 Report and Recommendations.. Signed by Judge Gregory M. Sleet on 12/4/12. (mmm)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE TAMMY CRAWFORD and CRAWFORD TRUCKING COMPANY L.L.C., ) ) ) Plaintiffs, ) ) ) v. ) ) GEORGE & LYNCH, INC., and LEONARD ) BROOKS, ) ) Defendant. ______________________________________) C.A. No. 10-cv-949 (GMS-SRF) ORDER ADOPTING MAGISTRATE JUDGE'S RECOMMENDATION ABSENT TIMELY OBJECTION This Order is issued upon consideration of the Report and Recommendation of United States Magistrate Judge Sherry Fallon issued on July 5, 2012, and upon the expiration ofthe time allowed for objections pursuant to Rule 72 of the Federal Rule of Civil Procedure with no objection having been received. Accordingly, this _i!_1day of December, 2012, by the United States District Court for the District of Delaware, it is ORDERED that: 1. Magistrate Judge Fallon's Report and Recommendation (D.I. 149) is ADOPTED; 2. Defendants' Motion to Dismiss for Failure to State a Claim (D.I. 71) is GRANTED IN PART and DENIED IN PART. 1 1 Pursuant to Magistrate Judge Fallon's adopted Report and Recommendation: (1) plaintiff Crawford Trucking Company, L.L.C. is dismissed in all counts (specifically, Counts III, IV, and V); (2) defendant Leonard J. Brooks is dismissed in all counts (specifically, Counts IV and V); and (3) the defi~ndants' motion to dismiss Tammy Crawford's Count V claim alleging breach of the covenant of good faith and fair dealing is denied. (D.I. 149.)

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