Radchyshyn v. Allstate Indemnity Company

Filing 7

ORDER accepting 6 Memorandum and Recommendation. Dft's 6 Motion to Dismiss is GRANTED; Pla's Chapter 75 claim is DISMISSED. Signed by District Judge Martin Reidinger on 09/08/2014. Copy of Order mailed to Atty Stephen Barnwell at address listed on docket sheet. (klb) Modified text on 9/8/2014 (klb).

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:14-cv-00169-MR-DLH

MYKHAILO RADCHYSHYN,

)
)
Plaintiff,
)
)
vs.
)
)
)
ALLSTATE INDEMNITY
)
COMPANY,
)
)
Defendant.
)
___________________________ )

ORDER

THIS MATTER is before the Court on the Defendant’s Motion to
Dismiss [Doc. 4] and the Magistrate Judge’s Memorandum and
Recommendation [Doc. 6] 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 August 19, 2014, 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. 6].

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 Plaintiff’s claim for unfair and deceptive
trade practices under Chapter 75 of the North Carolina General Statutes
should be dismissed.

ORDER
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 6] is ACCEPTED.
IT IS FURTHER ORDERED that the Defendant’s Motion to Dismiss
[Doc. 6] is GRANTED, and the Plaintiff’s Chapter 75 claim is hereby
DISMISSED.

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IT IS FURTHER ORDERED that the parties shall conduct an initial
attorneys’ conference within fourteen (14) days of the entry of this Order
and file a certificate of such conference within seven (7) days thereafter.
IT IS SO ORDERED.
Signed: September 8, 2014

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