National Alliance for Accessibility, Inc. et al v. Horne-River Ridge II, LP

Filing 10

ORDER granting 7 Motion to Dismiss; adopting Memorandum and Recommendations re 9 Memorandum and Recommendations. Signed by District Judge Martin Reidinger on 3/23/11. (nll)

-DLH National Alliance for Accessibility, Inc. et al v. Horne-River Ridge II, LP

Doc. 10

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:10cv286

NATIONAL ALLIANCE FOR ACCESSIBILITY, INC., a Florida Non-Profit Corporation; and DENISE PAYNE, individually, Plaintiffs, vs. HORNE-RIVER RIDGE II, LP, a North Carolina Limited Partnership, Defendant.

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ORDER

THIS MATTER is before the Court on the Defendant's Motion to Dismiss [Doc. 7] and the Magistrate Judge's Memorandum and Recommendation [Doc. 9] 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.

Dockets.Justia.com

On March 3, 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. 9]. 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 Defendant's Motion to Dismiss [Doc. 7] is ALLOWED, and this action is hereby DISMISSED. IT IS SO ORDERED.
Signed: March 23, 2011

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