BON VIVANT CATERING, INC. v. CORE CATERING, INC. et al

Filing 66

ORDER signed by JUDGE LORETTA C. BIGGS on 09/29/2015, that Plaintiffs' Unopposed Motion for Extension of Time (ECF No. 64 ) and the Joint Motion to Correct Docket and Pleadings (ECF No. 65 ) are DENIED as moot, and Defendant D uke University's Motion to Dismiss Complaint (ECF No. 39 ) is GRANTED IN PART AND DENIED IN PART in that Plaintiff shall, within 14 days of the entry of this Order, amend its Complaint to add Laura Hall as a Plaintiff, but the Motion to Dismiss is otherwise DENIED, without prejudice to further consideration of the issues raised therein on subsequent dispositive motions at the close of discovery. (Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
BON VIVANT CATERING, INC., et al.,
Plaintiffs,
v.
CORE CATERING, INC., et al.,
Defendants.

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1:13CV728

ORDER
On August 25, 2015, the United States Magistrate Judge’s Recommendation was filed
and notice was served on the parties pursuant to 28 U.S.C. § 636 (ECF Nos. 58, 59).
Defendant Duke University filed Objections (ECF No. 62) within the time limit prescribed by
Section 636. The Court has reviewed Defendant Duke University’s Objections de novo and
finds that they do not change the substance of the United States Magistrate Judge’s
Recommendation (ECF No. 58), which is hereby affirmed and adopted.
Having overruled Defendant Duke University’s Objections, the Court finds that
Plaintiffs’ Unopposed Motion for Extension of Time to respond to the objections (ECF No.
64) should be denied as moot. In addition, pursuant to this Order, Plaintiffs will be given
fourteen (14) days to re-file the Second Amended Complaint, and Defendants may respond
within the time allowed by Federal Rule of Civil Procedure 15(a)(3). As such, the Stipulated
Joint Motion to Correct Docket and Pleadings (ECF No. 65) is also moot.

IT IS THEREFORE ORDERED that Plaintiffs’ Unopposed Motion for Extension of
Time (ECF No. 64) and the Joint Motion to Correct Docket and Pleadings (ECF No. 65) are
DENIED as moot, and Defendant Duke University’s Motion to Dismiss Complaint (ECF
No. 39) is GRANTED IN PART AND DENIED IN PART in that Plaintiff shall, within 14
days of the entry of this Order, amend its Complaint to add Laura Hall as a Plaintiff, but the
Motion to Dismiss is otherwise DENIED, without prejudice to further consideration of the
issues raised therein on subsequent dispositive motions at the close of discovery.
This, the 29th day of September, 2015.

/s/ Loretta C. Biggs
United States District Judge

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