PRO IMAGE INSTALLERS, INC. v DILLON, ET AL

Filing 164

ORDER Adopting 159 Report and Recommendation. Defendants' 98 Motion to Dismiss based on lack of personal jurisdiction, etc., is Denied as moot. In accordance with the parties' notice of settlement 157 , Courts IV, VI and VIII of the second amended complaint are dismissed with prejudice as to defendants DAVID T OSBORNE, DAVE OSBORNE CONSTRUCTION CONTRACTING INC, AMERICAN INSTALLATION COMPANIES LLC, NATIONWIDE FIXTURE INSTALLATIONS INC and SOUTHWEST FIXTURE INSTALLERS INC, only, with each side to bear its own costs. Signed by District Judge M CASEY RODGERS on August 18, 2009. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION

PRO IMAGE INSTALLERS, INC., Plaintiff, vs. CASE NO.: 3:08cv273/MCR/MD

BARBARA R. DILLON, DAVE OSBORNE CONSTRUCTION CONTRACTING, INC., NATIONWIDE FIXTURE INSTALLATIONS, INC., SOUTHWEST FIXTURE INSTALLERS, INC., AMERICAN INSTALLATION COMPANIES, L.L.C., DAVID T. OSBORNE, DYNAMIC RESOURCES INC., and EVAN GINIGER Defendants. / ORDER Upon consideration of the Report and Recommendation of the Magistrate Judge filed on July 15, 2009, pursuant to 28 U.S.C. § 636(b)(1)(B), and after reviewing objections to the Recommendation, if any, the Recommendation is adopted as the opinion of the Court. Accordingly, it is now ORDERED as follows: 1. The magistrate judge's report and recommendation is adopted and

incorporated by reference in this order. 2. Defendants' motion to dismiss based on lack of personal jurisdiction

and failure to comply with the pleading requirements of Fed.R.Civ.P. 8 (doc. 98) is DENIED as moot. 3. In accordance with the parties' notice of settlement (doc. 157), Counts

IV, VI and VIII of the second amended complaint are dismissed with prejudice as to defendants David T. Osborne, Dave Osborne Construction Contracting, Inc.,

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American Installation Companies, LLC, Nationwide Fixture Installations, Inc. and Southwest Fixture Installers, Inc. only, with each side to bear its own costs.

DONE AND ORDERED this 18th day of August, 2009.

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

C a s e No: 3:08cv273/MCR/MD