DURUAKU et al v. Branch Banking & Trust Company et al

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 37 Report and Recommendations, and that the complaint against defts. Darra Panthanky and Alpha Funding Group is hereby dismissed w/out prejudice. Signed by Judge Katharine S. Hayden on 12/7/06. (dc, )

DURUAKU et al v. Branch Banking & Trust Company et al

Doc. 46

Case 2:05-cv-05285-KSH-PS

Document 46

Filed 12/11/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY ____________________________________ BENSON DURUAKU, et al., Plaintiffs, v. : : : : : : : : : : : : Civil Action No. 05 - 5285 (KSH)

ORDER

BRANCH BANKING AND TRUST CO., incorrectly pleaded as BB&T Bank, et al. Defendant. ____________________________________

The Honorable Patty Shwartz, United States Magistrate Judge, issued a report and recommendation on November 15, 2006, recommending that this Court dismiss the complaint against defendants Darra Panthaky and Alpha Funding Group without prejudice due to the plaintiffs' failure to serve these defendants with the summons and complaint on or before October 30, 2006, as required by a September 7, 2006 scheduling order. No objection having been filed nor compliance with the order having been undertaken, and the Court having reviewed the report and recommendation of Magistrate Judge Shwartz, IT IS on this 7th day of December, 2006, ORDERED, that the report and recommendation of Magistrate Judge Shwartz is adopted as the opinion of the Court; and it is further ORDERED, that the complaint against defendants Darra Panthanky and Alpha Funding Group is hereby dismissed without prejudice.

Dockets.Justia.com

Case 2:05-cv-05285-KSH-PS

Document 46

Filed 12/11/2006

Page 2 of 2

/s/ Katharine S. Hayden KATHARINE S. HAYDEN, U.S.D.J.