Triplett et al v. Cyprus Amax Minerals Company et al

Filing 50

ORDER accepting 49 Memorandum and Recommendations; granting [25,41,44] Motions to Dismiss. The claims asserted against Defendants Cyprus Amax Minerals Company, Red Devil, Inc., and Georgia-Pacific LLC in Count Four of the Amended Complaint are hereby DISMISSED. IT IS FURTHER ORDERED that Defendant Cyprus Amax Minerals Company shall file its Answer to the Amended Complaint within 14 days of the entry of this Order. Signed by District Judge Martin Reidinger on 06/06/2014. (thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:14-cv-00057-MR-DLH

JAMES MARVIN TRIPLETT and )
MARY JANE TRIPLETT,
)
)
Plaintiffs,
)
)
vs.
)
)
)
CYPRIUS AMAX MINERALS
)
COMPANY, et al.,
)
)
Defendants.
)
___________________________ )

ORDER

THIS MATTER is before the Court on the Motions to Dismiss filed by
Defendants Cyprus Amax Minerals Company, Red Devil, Inc., and
Georgia-Pacific LLC [Docs. 25, 41, 44] and the Magistrate Judge’s
Memorandum and Recommendation [Doc. 49].
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 motions to dismiss and
to submit a recommendation for their disposition.
On May 15, 2014, the Magistrate Judge filed a Memorandum and
Recommendation in this case containing proposed conclusions of law in

support of a recommendation regarding the Defendants’ motions. [Doc.
49].

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 claims asserted against Defendants
Cyprus Amax Minerals Company and Red Devil, Inc. in Count Four of the
Amended Complaint be dismissed.
For the reasons stated in the Memorandum and Recommendation,
the Court further concludes that Count Four of the Amended Complaint
should be dismissed as to Defendant Georgia-Pacific LLC as well.

ORDER
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 49] is ACCEPTED.

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IT IS FURTHER ORDERED that the Motions to Dismiss [Docs. 25,
41, 44] are GRANTED, the claims asserted against Defendants Cyprus
Amax Minerals Company, Red Devil, Inc., and Georgia-Pacific LLC in
Count Four of the Amended Complaint are hereby DISMISSED.
IT IS FURTHER ORDERED that Defendant Cyprus Amax Minerals
Company shall file its Answer to the Amended Complaint within fourteen
(14) days of the entry of this Order.
IT IS SO ORDERED.
Signed: June 6, 2014

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