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)

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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

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