THORNTON v. CMB ENTERTAINMENT, LLC et al

Filing 40

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 38 Report and Recommendations, Granting in Part and Denying in part 9 Motion to Dismiss for Failure to State a Claim filed by CMB ENTERTAINMENT, LLC, MARK CALDERON, BRYAN ABRAMS. Plaintiff is granted leave to file an amended complaint consistent with this opinion within fourteen (14) days of this order. Signed by Judge Sarah Evans Barker on 8/31/2015.(MAC)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
KEVIN THORNTON,
Plaintiff,
vs.
CMB ENTERTAINMENT, LLC,
et al.
Defendants.

)
)
)
)
)
)
)
)
)

1:15-cv-00320-SEB-MJD

ORDER ADOPTING REPORT AND RECOMMENDATION
The Magistrate Judge submitted his Report and Recommendation on Defendant’s
Motion to Dismiss for Failure to State a Claim [Dkt. 9]. The parties were afforded due
opportunity pursuant to statute and the rules of this Court to file objections; none were filed. The
Court, having considered the Magistrate Judge’s Report and Recommendation, hereby adopts the
Magistrate Judge’s Report and Recommendation.
The Court GRANTS Defendants’ Motion to Dismiss Counts III and IV of Plaintiff’s
Complaint and DENIES Defendant’s Motion to Dismiss Count II of Plaintiff’s Complaint
WITHOUT PREJUDICE. Plaintiff is granted leave to file an amended complaint consistent with
this opinion within fourteen (14) days of this order.

SO ORDERED.
08/31/2015

Distribution:
All ECF-registered counsel of record via email generated by the court’s ECF system