National Alliance for Accessibility, Inc. et al v. Tunnel Road (E & A), LLC

Filing 15

ORDER granting #8 Motion to Dismiss; accepting #14 Magistrate Judge's Memorandum and Recommendations. Signed by District Judge Martin Reidinger on 5/10/2011. (thh)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:10cv282

NATIONAL ALLIANCE FOR
ACCESSIBILITY, INC., a Florida
Non-Profit Corporation; and
DENISE PAYNE, individually,
Plaintiffs,
vs.
TUNNEL ROAD (E&A) LIMITED
LIABILITY COMPANY, a South
Carolina Limited Liability
Company,
Defendant.

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ORDER

THIS MATTER is before the Court on the Defendant’s Motion to
Dismiss [Doc. 8] and the Magistrate Judge’s Memorandum and
Recommendation [Doc. 14] regarding the disposition of that motion.
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of
Designation of this Court, the Honorable Dennis L. Howell, United States
Magistrate Judge, was designated to consider a pending motion in the
above-captioned civil action and to submit to this Court a recommendation
for the disposition of this motion.

On April 8, 2011, the Magistrate Judge filed a Memorandum and
Recommendation in this case containing proposed conclusions of law in
support of a recommendation regarding the Defendant's Motion to Dismiss.
[Doc. 14]. The parties were advised that any objections to the Magistrate
Judge's Memorandum and Recommendation were to be filed in writing
within fourteen (14) days of service. The period within which to file
objections has expired, and no written objections to the Memorandum and
Recommendation have been filed.
After a careful review of the Magistrate Judge's Recommendation,
the Court finds that the proposed conclusions of law are consistent with
current case law. Accordingly, the Court hereby ACCEPTS the Magistrate
Judge's Recommendation that the Defendant's Motion to Dismiss be
granted and that this action be dismissed as Plaintiffs lack Article III
standing to sue.
IT IS, THEREFORE, ORDERED that the Magistrate Judge’s
Recommendation [Doc. 14] is ACCEPTED, and the Defendant's Motion to
Dismiss [Doc. 8] is ALLOWED.
IT IS FURTHER ORDERED that this action is hereby DISMISSED.

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IT IS SO ORDERED.

Signed: May 10, 2011

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