McNeal et al v. Smith & Wesson Corporation et al

Filing 16

ORDER: Plaintiffs' Objections are over-ruled, the Report and Recommendation of the Magistrate Judge is affirmed, and Defendants' Motion to Dismiss is GRANTED. Any other pending Motions are denied as moot, and the Clerk is directed to cl ose the file. This Order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58. Signed by District Judge Todd J. Campbell on 9/16/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

RANDY MCNEAL, et al.
v.
SMITH & WESSON CORP.

)
)
) NO. 3-16-0067
) JUDGE CAMPBELL
)

ORDER
Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket
No. 11), Objections filed by the Plaintiffs (Docket No.14), and Response to the Objections (Docket
No. 15), filed by Defendant.
Pursuant to 28 U.S.C. § 636(b)(1), Fed. R. Civ. P. 72(b)(3) and Local Rule 72.03(b)(3), the
Court has reviewed de novo the Report and Recommendation, the Objections, the Response, and the
file. The Objections of the Plaintiffs are overruled, and the Report and Recommendation is adopted
and approved.
Plaintiffs object to the Report and Recommendation because they say they were in the
process of filing requests for discovery. Plaintiffs do not make arguments against Defendant’s
Motion to Dismiss or point out erroneous portions of the Magistrate’s Report and Recommendation.
Any discovery which Plaintiffs might obtain would not be considered on this Motion in any event,
since the Court may not consider documents outside the Complaint in ruling on a Motion to Dismiss.
For these reasons, Plaintiffs’ Objections are over-ruled, the Report and Recommendation of
the Magistrate Judge is affirmed, and Defendants’ Motion to Dismiss is GRANTED.
Any other pending Motions are denied as moot, and the Clerk is directed to close the file.
This Order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58.

IT IS SO ORDERED.

___________________________________
TODD J. CAMPBELL
UNITED STATES DISTRICT JUDGE

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