Biddle v. Grain Technology, Inc. et al

Filing 25

ORDER adopting the Magistrate Judge's 24 Memorandum and Recommendations. IT IS THEREFORE ORDERED that Equifax's 18 Motion to Dismiss for Failure to State a Claim is GRANTED and Plaintiff's claim against Equifax is hereby DISMISSED. Signed by Chief Judge Martin Reidinger on 5/10/2024. (brl)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:23-cv-00273-MR-WCM

DAMON E. BIDDLE,

)
)
Plaintiff,
)
)
vs.
)
)
GRAIN TECHNOLOGY, INC., et al.,
)
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Motion to Dismiss [Doc. 18]
filed by Defendant Equifax Information Services, LLC (“Equifax”), and the
Magistrate Judge’s Memorandum and Recommendation (“M&R”) regarding
that motion [Doc. 24].
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation
of this Court, the Honorable W. Carleton Metcalf, United States Magistrate
Judge (the “Magistrate Judge”), was designated to consider Equifax’s motion
and to submit a recommendation for its disposition.
On April 18, 2024, the Magistrate Judge filed an M&R containing
conclusions of law in support of his recommendation that Equifax’s motion
should be granted. [See Doc. 24]. The parties were advised that any
objections to the Magistrate Judge’s M&R were to be filed in writing within

fourteen (14) days of service.

This period has now passed, and no

objections have been filed.
After careful consideration of the M&R, this Court finds that the
Magistrate Judge’s proposed conclusions of law are correct and consistent
with current case law. Accordingly, the Court hereby accepts the Magistrate
Judge’s M&R and grants Equifax’s motion to dismiss.
IT IS, THEREFORE, ORDERED that the M&R [Doc. 24] is hereby
ACCEPTED.
IT IS FURTHER ORDERED that Equifax’s Motion to Dismiss [Doc. 18]
is hereby GRANTED and Plaintiff’s claim against Equifax is hereby
DISMISSED.
IT IS SO ORDERED.

Signed: May 10, 2024

2