Hill et al v. Coggins et al

Filing 19

ORDER accepting Magistrate Judge's 16 Memorandum and Recommendations and denying Defendants' 8 Motions to Dismiss. Signed by District Judge Martin Reidinger on 6/16/14. (nv)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:13-cv-00047-MR-DLH

PEGGY HILL and AMY WALKER,

)
)
Plaintiffs,
)
)
vs.
)
)
)
BARRY COGGINS and COLLETTE
)
COGGINS, d/b/a CHEROKEE BEAR ZOO, )
)
Defendants.
)
____________________________________ )

ORDER

THIS MATTER is before the Court on the Defendants’ Motion to
Dismiss [Doc. 8] and the Magistrate Judge’s Memorandum and
Recommendation [Doc. 16] 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 May 27, 2014, the Magistrate Judge filed a Memorandum and
Recommendation in this case containing proposed conclusions of law in
support of a recommendation regarding the Defendants’ Motion. [Doc. 16].

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 Defendants’ Motion to Dismiss should be
denied.
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 16] is ACCEPTED; the Defendants’ Motion to
Dismiss [Doc. 8] is DENIED.
IT IS FURTHER ORDERED that the Defendants shall file their
Answer to the Complaint within fourteen (14) days of the entry of this
Order.
IT IS SO ORDERED.
Signed: June 16, 2014

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