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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..... --"7 :... 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 ┬Ěcan 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 2

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