Abrams v. Jenkins, et al
Filing
47
ORDER that the Plaintiff's Objections 26 are OVERRULED; the Memorandum and Recommendation 22 is ACCEPTED; the Defendant's Partial Motion to Dismiss and Partial Motion for Judgment on the Pleadings 15 is GRANTED; and the Plaintiff's Chapter 75 claim against the Defendant Judith E. Jenkins is hereby DISMISSED. Signed by District Judge Martin Reidinger on 03/03/17. (emw)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:16-cv-00100-MR-DSC
ANN U. ABRAMS,
)
)
Plaintiff,
)
)
vs.
)
)
JUDITH E. JENKINS, FOUR
)
SEASONS LANDSCAPING, INC.,
)
and DANIEL LUCAS d/b/a LUCAS
)
TREE SERVICE,
)
)
Defendants.
)
_______________________________ )
ORDER
THIS MATTER is before the Court on the Partial Motion to Dismiss and
Partial Motion for Judgment on the Pleadings filed by the Defendant Judith
E. Jenkins [Doc. 15]; the Magistrate Judge’s Memorandum and
Recommendation regarding the disposition of that motion [Doc. 22]; and the
Plaintiff’s Objections to the Memorandum and Recommendation [Doc. 26].
Pursuant to 28 U.S.C. § 636(b) and a specific Order of referral of the
District Court, the Honorable David S. Cayer, United States Magistrate
Judge, was designated to consider the pending motion in the abovecaptioned action. On September 29, 2016, the Magistrate Judge filed a
Memorandum and Recommendation [Doc. 22], in which the Magistrate
Judge recommended granting the Defendant’s Partial Motion to Dismiss and
dismissing the Plaintiff’s claim under N.C. Gen. Stat. § 75-1.1(a) (“Chapter
75”) against the Defendant Judith E. Jenkins. 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 Plaintiff timely filed her Objections to the Memorandum and
Recommendation on October 17, 2016. [Doc. 26]. The Defendant filed a
Reply to the Plaintiff’s Objections on October 26, 2016. [Doc. 37].
After careful consideration of the Plaintiff’s Objections, the Court finds
that the Magistrate Judge’s proposed conclusions of law are correct and
consistent with current case law. Accordingly, the Court hereby overrules
the
Plaintiff’s
Objections
and
accepts
the
Magistrate
Judge’s
recommendation that the Plaintiff’s Chapter 75 claim against the Defendant
Judith E. Jenkins should be dismissed.
IT IS, THEREFORE, ORDERED that the Plaintiff’s Objections [Doc.
26] are OVERRULED; the Memorandum and Recommendation [Doc. 22] is
ACCEPTED; the Defendant’s Partial Motion to Dismiss and Partial Motion
for Judgment on the Pleadings [Doc. 15] is GRANTED; and the Plaintiff’s
Chapter 75 claim against the Defendant Judith E. Jenkins is hereby
DISMISSED.
2
IT IS SO ORDERED.
Signed: March 3, 2017
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