Martin v. Law Offices of Howard Lee Schiff, P.C.

Filing 16

ORDER denying 5 Motion to Dismiss for Failure to State a Claim; adopting 9 Report and Recommendations. So Ordered by Judge William E. Smith on 2/7/13. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
___________________________________
)
)
)
Plaintiff,
)
v.
)
)
LAW OFFICES OF
)
HOWARD LEE SCHIFF, P.C.,
)
)
Defendant.
)
___________________________________)
TERI L. MARTIN,

C.A. No. 11-484 S

ORDER
WILLIAM E. SMITH, United States District Judge.
The Report and Recommendation of United States Magistrate
Judge Lincoln D. Almond, filed December 10, 2012 (ECF No. 9) in
the above-captioned matter, is hereby accepted pursuant to 28
U.S.C § 636(b)(1).

Neither party has objected to Magistrate

Judge Almond’s findings, 1 which the Court determines are well
supported

by

both

the

facts

and

the

law.

Accordingly,

Defendant’s Motion to Dismiss the Complaint pursuant to Rule
12(b)(6) of the Federal Rules of Civil Procedure (ECF No. 5) is
DENIED.

1

Defendant filed a motion for an extension of time to file
an objection (ECF No. 10), and that motion was granted by text
order on December 21, 2012.
The extended deadline of January
15, 2013, however, has passed. In addition, Defendant filed an
Answer to the Complaint (ECF No. 14), thus signaling its
acceptance
of
Magistrate
Judge
Almond’s
Report
and
Recommendation.

In his Report and Recommendation, Magistrate Judge Almond
further

recommended

that

the

Court

establish

a

deadline

for

limited discovery and the filing of a dispositive motion on the
issue

of

whether

the

underlying

credit

card

agreement

constitutes a written or unwritten contract under Virginia law.
(See Report and Recommendation at 9.)

Because this issue is

potentially case determinative, the Court agrees.

A Rule 16

conference is currently scheduled for February 13, 2013 before
Magistrate Judge Almond.

The Court directs Magistrate Judge

Almond to set such a schedule at that time.
IT IS SO ORDERED.

/s/ William E. Smith
William E. Smith
United States District Judge
Date: February 7, 2013