NAUGLE et al v. META PLATFORMS, INC. et al

Filing 55

ORDER that the Magistrate Judge's Recommendation, (Doc. 53 ), is ADOPTED. FURTHER ORDERED that Defendant's Motion to Dismiss, (Doc. 48 ), is GRANTED IN PART AND DENIED IN PART, specifically that the Mo tion to Dismiss is GRANTED to the extent that any claims against a purported class of medical providers other than Defendant DukeHealth are DISMISS WITHOUT PREJUDICE, and that Plaintiffs' claims for Intrusion upon SeclusionInvasion of Privacy , Violation of the Electronic Communications Privacy Act, Negligent Misrepresentation, and Negligence per se is DISMISSED WITHOUT PREJUDICE, but otherwise DENIED, such that the claims against Defendant DukeHealth for breach of contract and negligence remain. Signed by JUDGE WILLIAM L. OSTEEN, JR on 03/27/2024.(at)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
KIM NAUGLE, and
AFRIKA WILLIAMS, on behalf
of themselves and all others
similarly situated,
Plaintiffs,
v.
DUKE UNIVERSITY HEALTH
SYSTEM, INC.
Defendant.

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1:22-cv-727

ORDER
On March 1, 2024, the United States Magistrate Judge’s
Memorandum Opinion, Order and Recommendation (“Recommendation”)
was filed, and notice was served on the parties pursuant to 28
U.S.C. § 636. (Docs. 53, 54.) In the Recommendation, the
Magistrate Judge recommends that Defendant’s motion to dismiss
be granted in part and denied in part. No objections were filed
within the time prescribed by Section 636.
Therefore, the court need not make a de novo review and the
Magistrate Judge’s Recommendation is hereby adopted.
IT IS THEREFORE ORDERED that the Magistrate Judge’s
Recommendation, (Doc. 53), is ADOPTED. IT IS FURTHER ORDERED
that Defendant’s Motion to Dismiss, (Doc. 48), is GRANTED IN
PART AND DENIED IN PART, specifically that the Motion to Dismiss

is GRANTED to the extent that any claims against a purported
class of medical providers other than Defendant DukeHealth are
DISMISS WITHOUT PREJUDICE, and that Plaintiffs’ claims for
Intrusion upon Seclusion—Invasion of Privacy, Violation of the
Electronic Communications Privacy Act, Negligent
Misrepresentation, and Negligence per se is DISMISSED WITHOUT
PREJUDICE, but otherwise DENIED, such that the claims against
Defendant DukeHealth for breach of contract and negligence
remain.
This the 27th day of March, 2024.

__________________________________
United States District Judge

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