WILLIAMS vs MISSISSIPPI VALLEY EDIBLE OIL REFINING COMPANY INC

Filing 53

ORDER adopting Chief Magistrate Judge's 51 REPORT AND RECOMMENDATION. Motions to Dismiss filed by Defendant Chart Industries, Inc., (ECF No. 36 ) and by Defendants Restaurant Technologies, Inc., and McDonald's Corpora tion (ECF No. 34 ) are GRANTED only to the following extent listed herein. Plaintiff is given THIRTY (30) DAYS in which to file a Third Amended Complaint that excludes the Counts and claims identified in Paragraph 1.a., above, and is otherwise fil ed in accordance with the Report and Recommendation, or the the case will be dismissed in its entirety. Signed by CHIEF JUDGE M CASEY RODGERS on 01/04/2018. (Third Amended Complaint due by 2/4/2018). (Mailed to Plaintiff to address on file and emailed). (MB)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
DAVID RODGER WILLIAMS,
Plaintiff,
v.

Case No.: 3:16cv266/MCR/EMT

RESTAURANT TECHNOLOGIES, INC., et al.,
Defendants.
_________________________________/
ORDER
This cause is before the Court on consideration of the Chief Magistrate Judge’s
Report and Recommendation dated December 8, 2017 (ECF No. 51). The parties
have been furnished a copy of the Report and Recommendation and have been
afforded an opportunity to file objections pursuant to Title 28, United States Code,
Section 636(b)(1).1 No objections have been filed. Having considered the Report
and Recommendation, and the record, the Court has determined that the Report and
Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

1

The Chief Magistrate Judge’s Report and Recommendation is adopted

The docket reflects that the Report and Recommendation was mailed to Plaintiff and
returned as not deliverable. It is Plaintiff’s responsibility to maintain a current address with the
Court.

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and incorporated by reference in this Order.
2.

The Motions to Dismiss filed by Defendant Chart Industries, Inc., (ECF

No. 36) and by Defendants Restaurant Technologies, Inc., and McDonald's
Corporation (ECF No. 34) are GRANTED only to the following extent:
a.

Plaintiff’s claims in Counts One through Four under the Racketeer

Influenced and Corrupt Organizations Act (“RICO”), and in Count Seven as
to the claims of Common Law Fraud, Common Law Theft, Theft of Trade
Secrets, and Tortious Interference, are DISMISSED with prejudice as barred
by their applicable statutes of limitations.
b.

The remainder of Plaintiff’s complaint is DISMISSED without

prejudice for failure to state a claim upon which relief can be granted.
3.

Plaintiff is given THIRTY (30) DAYS in which to file a Third Amended

Complaint that excludes the Counts and claims identified in Paragraph 1.a., above,
and is otherwise filed in accordance with the Report and Recommendation, or the
the case will be dismissed in its entirety.
DONE AND ORDERED this 4th day of January 2018.

M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE
Case No.: 3:16cv266/MCR/EMT