LW Construction of Charleston, LLC v. Southern Mechanical of the Carolinas, Inc. et al
Filing
36
ORDER accepting 33 Memorandum and Recommendations; granting 22 Motion to Dismiss; Counts Three and Five of the Plaintiff's Amended Complaint are hereby DISMISSED. Signed by District Judge Martin Reidinger on 2/25/13. (nll)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-00086-MR-DLH
THE UNITED STATES OF
AMERICA, for the use and
benefit of LW CONSTRUCTION
OF CHARLESTON, LLC,
)
)
)
)
)
Plaintiff,
)
)
vs.
)
)
)
THE HANOVER INSURANCE
)
COMPANY,
)
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Defendant.
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____________________________)
ORDER
THIS MATTER is before the Court on Defendant The Hanover
Insurance Company’s Motion to Dismiss [Doc. 22] and the Magistrate
Judge’s Memorandum and Recommendation [Doc. 33] 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 the motion to dismiss and to
submit a recommendation for its disposition.
On February 4, 2013, 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. [Doc. 33].
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
[Doc. 33], 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 should be granted and that Counts Three and Five of the Plaintiff’s
Amended Complaint should be dismissed.
ORDER
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 33] is ACCEPTED and the Defendant’s Motion to
Dismiss [Doc. 22] is GRANTED. Counts Three and Five of the Plaintiff’s
Amended Complaint are hereby DISMISSED.
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IT IS SO ORDERED.
Signed: February 25, 2013
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