Diamond Falls Estates, LLC et al v. Nantahala Bank & Trust Company et al
ORDER granting 4 Motion to Dismiss in Part; accepting 19 Memorandum and Recommendations. Signed by District Judge Martin Reidinger on 5/15/14. (khm)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:14-cv-00007-MR-DLH
DIAMOND FALLS ESTATES, LLC,
SHIRLEY M. BUAFO, and CHARLES K.
NANTAHALA BANK & TRUST COMPANY, )
STEVE E. GRAVETT, EXCELL PARTNERS, )
LLC, and JOHN/JANE DOES,
THIS MATTER is before the Court on the Defendants Steve Gravett
and Excell Partners, LLC’s Motion to Dismiss in Part [Doc. 4] and the
Magistrate Judge’s Memorandum and Recommendation [Doc. 19]
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 April 23, 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. 19].
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
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
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 19] is ACCEPTED; the Defendants’ Motion to
Dismiss in Part [Doc. 4] is GRANTED; and any claims asserted by the
Plaintiffs Shirley Buafo and Charles Buafo against Steve Gravett and Excell
Partners, LLC in Counts One and Two, as well as any breach of statutory
duty claims asserted by Plaintiff Diamond Falls Estates, LLC against
Defendant Excell Partners, LLC in Count One are hereby DISMISSED.
IT IS SO ORDERED.
Signed: May 15, 2014
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