Lineberger et al v. CBS Corporation et al

Filing 134

ORDER that the Defendant's Objections to the Memorandum and Recommendation 132 are OVERRULED; the Defendant's Motion to Dismiss 74 is DENIED, and the Memorandum and Recommendation 126 is ACCEPTED. Signed by District Judge Martin Reidinger on 09/04/17. (emw)

Download PDF
THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:16-cv-00390-MR-DLH TOMMY WILLIAM LINEBERGER and ) MARCELLA WILSON LINEBERGER, ) ) Plaintiffs, ) ) vs. ) ) CBS CORPORATION, et al., ) ) Defendants. ) _______________________________ ) ORDER THIS MATTER is before the Court on the Defendant Siemens Corporations’ Motion to Dismiss [Doc. 74]; the Magistrate Judge’s Memorandum and Recommendation [Doc. 126] regarding the disposition of that motion; and the Defendant’s Objections to the Memorandum and Recommendation [Doc. 132]. 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 Defendant’s motion and to submit a recommendation for its disposition. On August 14, 2017, the Magistrate Judge filed a Memorandum and Recommendation in this case containing conclusions of law in support of a recommendation regarding the motion to dismiss. [Doc. 126]. 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 Defendant timely filed Objections on August 28, 2017. [Doc. 132]. After careful consideration of the Memorandum and Recommendation and the Defendant’s Objections thereto, 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 Defendant’s Objections and accepts the Magistrate Judge’s recommendation that the motion to dismiss be denied. IT IS, THEREFORE, ORDERED that the Defendant’s Objections to the Memorandum and Recommendation [Doc. 132] are OVERRULED; the Memorandum and Recommendation [Doc. 126] is ACCEPTED; and the Defendant’s Motion to Dismiss [Doc. 74] is DENIED. IT IS SO ORDERED. Signed: September 4, 2017 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?