MULDROW v. DAVIS

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATION granting 37 Report and Recommendation - Deft's 9 MOTION to Dismiss the Complaint as to Pltf, WILLIAM R MULDROW is GRANTED; Case against WILLIAM R MULDROW is DISMISSED with Prejudice ; Deft's 31 MOTION to Dismiss as to Pltf, BLUE CHIP CONSTRUCTION COMPANY is GRANTED; Case against Pltf, BLUE CHIP CONSTRUCTION is DISMISSED without Prejudice; Pltf, BLUE CHIP CONSTRUCTION COMPANY shall file an amended complaint on or before 4/20/2009.( Amended Pleadings due by 4/20/2009.) Signed by JUDGE STEPHAN P MICKLE on 3/30/2009. (jws)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION WILLIAM R. MULDROW, Plaintiff, and BLUE CHIP CONSTRUCTION COMPANY, Plaintiff-Intervener, vs. CATHY DAVIS, individually, DAVID REID, individually, CITY OF TALLAHASSEE, KENT RICKEY, individually, and unknown persons who formed an evaluation committee for evaluation general contractor services for a short list of contractors, Defendants. _____________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION THIS CAUSE comes before the Court upon the Magistrate Judge's Report and Recommendation. (doc. 37) The parties have been furnished a copy and have been afforded an opportunity to file objections. To date, no objections have been filed. Pursuant to Title 28, United States Code, Section 636(b)(1), it is hereby Case. No. 4:08-CV-109-SPM

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ORDERED AND ADJUDGED as follows: 1. The Magistrate Judge's Report and Recommendation (doc. 37) is adopted and incorporated by reference in this order. 2. Defendants' motion to dismiss the Complaint of Plaintiff William R. Muldrow (doc. 9) is granted. 3. 4. The case against Plaintiff Muldrow is dismissed with prejudice. Defendants' motion to dismiss the Complaint of Plaintiff Blue Chip Construction Company (doc. 31) is granted. 5. The case against Plaintiff Blue Chip Construction Company is dismissed without prejudice. 6. Plaintiff Blue Chip Construction Company shall file an amended complaint on or before Monday, April 20, 2009. DONE AND ORDERED this thirtieth day of March, 2009.

s/ Stephan P. Mickle
Stephan P. Mickle United States District Judge