No Straw, LLC et al v. Stout Street Funding, LLC et al

Filing 57

ORDER approving and adopting the Magistrate's 31 Report and Recommendations; 44 Report and Recommendations as the Opinion and Order of this Court. Defendants' Atlanta Private Lending, LLC and James Melton's 33 Motion to Enforce Settlement is GRANTED and all claims against these Defendants are DIMSISSED, WITH PREJUDICE. Defendant Stout Street Funding, LLC's approving 14 Motion to Dismiss as to Counts One, Two and Three of Plaintiffs' Complaint is GRANTED. The se counts include the only federal claims against Defendant, and the Court declines to exercise supplemental jurisdiction over the remaining state law claims. Therefore, the remaining state law claims against Defendant Stout Street Funding, LLC are DISMISSED, WITHOUT PREJUDICE. Plaintiffs' 19 Motion for Leave to File First Amended Complaint is DENIED. The Clerk shall close the case. Signed by Judge Richard W. Story on 06/14/13. (sk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
NO STRAW, LLC, a Georgia
Limited Liability Company, et al.,
Plaintiffs,
v.
STOUT STREET FUNDING,
LLC, a Delaware Limited Liability
Company, et al.,
Defendant.

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CIVIL ACTION NO.
2:12-CV-0182-RWS

ORDER
This case is before the Court for consideration of the February 4, 2013
Report and Recommendation [31] and the March 14, 2013 Report and
Recommendation [44] of Magistrate Judge J. Clay Fuller. After reviewing
these Reports and Recommendations, they are received with approval and
adopted as the Opinion and Order of this Court. Accordingly, Defendants
Atlanta Private Lending, LLC and James Melton’s Motion to Enforce
Settlement [33] is GRANTED, and all claims against these Defendants are
DISMISSED, WITH PREJUDICE. Defendant Stout Street Funding, LLC’s
Motion to Dismiss as to Counts One, Two and Three of Plaintiffs’ Complaint
[14] is GRANTED. These counts include the only federal claims against

AO 72A
(Rev.8/82)

Defendant, and the Court declines to exercise supplemental jurisdiction over the
remaining state law claims. Therefore, the remaining state law claims against
Defendant Stout Street Funding, LLC are DISMISSED, WITHOUT
PREJUDICE. Plaintiffs’ Motion for Leave to File First Amended Complaint
[19] is DENIED. The Clerk shall close the case.
SO ORDERED, this 14th day of June, 2013.

________________________________
RICHARD W. STORY
United States District Judge

2

AO 72A
(Rev.8/82)