Caldwell v. Shaw Industries Group, Inc. et al

Filing 23

ORDER affirming 19 Memorandum and Recommendations; denying without prejudice 11 Motion to Dismiss or, in the Alternative, Motion to Strike. Signed by Senior Judge Graham Mullen on 11/13/13. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:13CV391-GCM-DCK
NORMAN PATRICK CALDWELL,
Plaintiff,

)
)
)
Vs.
)
)
SHAW INDUSTRIES GROUP, INC.,
)
et al.,
)
Defendants.
)
____________________________________)

ORDER

This matter is before the Court upon the memorandum and recommendation of United
States Magistrate David C. Keesler, filed October 15, 2013. The parties were advised that
pursuant to 28 U.S.C. ' 636(b)(1)(C), written objections to the memorandum and
recommendation must be filed within 14 days after service of the memorandum. It appears to
the court that the parties have not filed any such objections.
After an independent and thorough review of the magistrate's memorandum, the court
concludes that there is no clear error on the face of the record and that the recommendation to
deny without prejudice Defendants’ Motion to Dismiss or, in the Alternative, Motion to Strike is
correct and in accordance with law.

Accordingly, the findings and conclusions of the

magistrate are accepted and Defendants’ motion is DENIED WITHOUT PREJUDICE.
IT IS THEREFORE ORDERED that the memorandum and recommendation of the
magistrate is hereby AFFIRMED.
Signed: November 13, 2013