Murray v. Starbucks Corporation et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS of Magistrate Judge Marchant denying without prejudice Defendant's motion to dismiss and/or to strike 5 at this time. Plaintiff is ordered to file an amended complaint addressing the concerns set forth in Defendant's motion within twenty (20) days of the date of this Order. Signed by Honorable Patrick Michael Duffy on 5/5/10. (chub, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION

Amanda Murray, Plaintiff, vs. Starbucks Corporation d/b/a Starbucks Coffee Company, Starbucks Coffee Company and Starbucks Coffee International, Inc., Defendants.

) C.A. #2:09-1842-PMD-BM ) ) ) ) ORDER ) ) ) ) ) ) )

This matter is before the court upon the magistrate judge's recommendation that defendant Starbucks Corporation's motion to dismiss and/or strike be denied. The record includes the report and recommendation of the United States Magistrate Judge made in accordance with this Court's oral Order of Reference and 28 U.S.C. § 636(b). This Court is charged with conducting a de novo review of any portion of the magistrate judge's report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636(b)(1). No objections have been filed to the magistrate judge's report. A review of the record indicates that the magistrate judge's report accurately summarizes this case and the applicable law. For the reasons articulated by the magistrate judge, it is ordered that defendant Starbucks Corporation's motion to dismiss and/or strike is denied without prejudice at this time, and plaintiff is ordered to file an amended complaint within twenty (20) days of this Order. ORDERED, that the magistrate judge's report and recommendation is adopted as the order of this Court, and the case is referred back to Magistrate Judge Bristow Marchant for further handling.

AND IT IS SO ORDERED.

May 5, 2010 Charleston, South Carolina

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