Denton v. Foster Farms Delaware, Inc. et al

Filing 33

JUDGMENT ADOPTING SUPERSEDING Report and Recommendation re 5 Motion to Dismiss for Failure to State a Claim. IT IS ORDERED that the Motion is hereby DENIED AS MOOT. In light of Plaintiffs' substitution of the proper Defendant in their Amend ed Complaint 23 , the Clerk of Court is instructed to remove Foster Farms Delaware, Inc., and Gary Surles as Defendants in this matter because they are not named Defendants in the Amended Complaint. Signed by Chief Judge Robert G James on 8/23/12. (crt,DickersonSld, D)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION MICHAEL DENTON AND PAMELA DENTON * CIVIL ACTION NO. 12-0328 VERSUS * JUDGE ROBERT G. JAMES FOSTER POULTRY FARMS, INC. * MAG. JUDGE KAREN L. HAYES JUDGMENT The Superseding Report and Recommendation [Doc. No. 25] of the Magistrate Judge having been considered, no objections thereto having been filed, and finding that same is supported by the law and the record in this matter, IT IS ORDERED that the Motion to Dismiss for Failure to State a Claim upon which Relief can be Granted [Doc. No. 5] filed by Defendants Foster Farms Delaware, Inc., and Gary Surles is hereby DENIED AS MOOT. In light of Plaintiffs’ substitution of the proper Defendant in their Amended Complaint [Doc. No. 23], the Clerk of Court is instructed to remove Foster Farms Delaware, Inc., and Gary Surles as Defendants in this matter because they are not named Defendants in the Amended Complaint. MONROE, LOUISIANA, this 23rd day of August, 2012.

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