Mode v. S-L Distribution Company, LLC et al

Filing 146

SUPPLEMENTAL ORDER re 141 Order on Motion to Dismiss/Order on Memorandum and Recommendations. The Court now specifies that Third-Party Defendant M&M Imports, Inc.s Motion to Dismiss Third-Party Complaint, (Doc. No. 103), is DENIED without prejudice for the reasons already established in the Courts previous order, (Doc. No. 141). Signed by District Judge Robert J. Conrad, Jr on 3/29/2019. (brl)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18-cv-00150-RJC-DSC
JARED MODE, on behalf of himself
and all others similarly situated,

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Plaintiffs,
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vs.
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S-L DISTRIBUTION COMPANY,
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LLC, S-L DISTRIBUTION
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COMPANY, INC., and S-L ROUTES, )
LLC,
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Defendants.
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____________________________________ )

SUPPLEMENTAL ORDER

THIS MATTER comes before the Court sua sponte. On March 6, 2019, the
Court issued an order ruling on several motions and two Memoranda and
Recommendations (“M&R”) addressing those pending motions. (Doc. No. 141). In
that Order, the Court adopted the M&R, (Doc. No. 122), which recommended
denying without prejudice (1) Third-Party Defendants’ Motion to Dismiss ThirdParty Complaints, (Doc. No. 84); (2) Plaintiffs’ Motion to Dismiss Defendants’
Counterclaim, (Doc. No. 92); and (3) Third-Party Defendant M&M Imports, Inc.’s
Motion to Dismiss Third-Party Complaint, (Doc. No. 103). The Court found that the
M&R was correct and in accordance with law, and the Court adopted its findings
and recommendations regarding those motions. Therefore, it denied without
prejudice Plaintiffs’ Motion to Dismiss Defendants’ Counterclaim, (Doc. No. 92), and

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Third-Party Defendants’ Motion to Dismiss Third-Party Complaints, (Doc. No. 84).
The Order should have also specified that Third-Party Defendant M&M Imports,
Inc.’s’ Motion to Dismiss Third-Party Complaint, (Doc. No. 103), was denied without
prejudice as well.1
Accordingly, the Court now specifies that Third-Party Defendant M&M
Imports, Inc.’s’ Motion to Dismiss Third-Party Complaint, (Doc. No. 103), is
DENIED without prejudice for the reasons already established in the Court’s
previous order, (Doc. No. 141).
SO ORDERED.

Signed: March 29, 2019

In its Motion, M&M Imports relied upon and incorporated by reference the
Memorandum of Law in Support of their Motion to Dismiss Third-Party Complaints
filed by other Third-Party Defendants. (See Doc. No. 103 at 2). Therefore, because
the arguments were identical, the Court analyzed and adjudicated those motions
together.
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