Hodges et al v. Leo A. McKeough Company, LLC et al

Filing 16

ORDER denying 8 Motion to Dismiss for Lack of Jurisdiction; accepting 15 Memorandum and Recommendations. Signed by District Judge Martin Reidinger on 8/12/13. (nll)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:12-cv-00077-MR-DLH

RICK L. HODGES and CORNERSTONE
HOMES OF HIGHLANDS, LLC,

)
)
)
Plaintiffs,
)
)
vs.
)
)
)
LEO A. McKEOUGH COMPANY, LLC,
)
d/b/a LEO McKEOUGH & CO., and LEO
)
McKEOUGH JR.,
)
)
Defendants.
)
____________________________________ )

ORDER

THIS MATTER is before the Court on Defendant Leo McKeough Jr.’s
Motion to Dismiss [Doc. 8] and the Magistrate Judge’s Memorandum and
Recommendation [Doc. 15] 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 July 3, 2013, 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. 15].
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 Defendant’s Motion to Dismiss should
be denied.

ORDER
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation

[Doc.

15]

is

ACCEPTED

and

Defendant

Leo

McKeough’s Motion to Dismiss [Doc. 8] is DENIED.
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 initial attorneys’ conference within seven (7) days
thereafter.
2

IT IS SO ORDERED.

Signed: August 12, 2013

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