Southerland et al v. The Hillshire Brands Company

Filing 81

ORDER adopting Report and Recommendations regarding 71 Memorandum and Recommendation and for the reasons stated therein, herby sua sponte dismisses Does 1 through 20 from this action pursuant to Rule 12(b)(6) for failure to state a claim upon which relief can be granted and pursuant to Rule 4(m) for failure to effect service in a timely manner. Signed by Senior Judge Malcolm J. Howard on 10/31/2017. (Rudd, D.)

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
NO. 4:14-CV-165-H-KS

ROGER SOUTHERLAND and
GWENDOLYN DOZIER, as
Individuals and as
Representatives on behalf of
all others similarly
situated,
Plaintiffs,
ORDER

v.
THE HILLSHIRE BRANDS COMPANY
and DOES 1 through 20,
Inclusive,
Defendants.

This matter is before the court for review of the Memorandum
and Recommendation

("M&R")

of July

States Magistrate Judge Kimberly A.

21,

2017,

entered by United

Swank recommending that this

court enter an order sua sponte dismissing Does 1 through 20 from
this action pursuant to Rule 12(b) (6) for failure to state a claim
upon which relief can be granted or pursuant to Rule
failure to effect service in a timely manner.

4 (m)

for

The court finds the

complaint in this matter contains no allegations against Does 1
through 20 and no summonses have been issued as to any such Doe
defendants. Further, no objections were filed to the M&R.

Accordingly,

the

court

adopts

the

recommendation

of

the

magistrate judge as its own; and for the reasons stated therein,
hereby sua sponte dismisses Does 1 through 20 from this action
pursuant to Rule 12(b) (6) for failure to state a claim upon which
relief ·can be granted and pursuant to Rule 4 (m)
effect

service~in

~,~

for failure to

a timely manner.

This _J
___ day of October 2017.

oward
Senior United States District Judge
At Greenville, NC
#26

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