AREVALO et al v. MARTINEZ et al

Filing 71

ORDER adopting Report and Recommendations re 70 Report and Recommendations and denying 21 Motion to Dismis.. Signed by Judge Arthur J. Tarnow on 07/02/2013. (Tarnow, Arthur)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
MEMPHIS DIVISION

NUVIA AREVALO, ET AL.,
Plaintiffs,

Case No. 11-2339

v.

SENIOR UNITED STATES DISTRICT JUDGE
ARTHUR J. TARNOW

UMH PROPERTIES, INC., ET AL.,
MAGISTRATE JUDGE TU M. PHAM
Defendants.
/

ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION [70]; AND DENYING DEFENDANTS’ MOTION TO DISMISS
[21] WITHOUT PREJUDICE
Before the Court is Defendants’ Motion to Dismiss [21], filed on September 19, 2011.
One June 25, 2013, the Magistrate Judge issued a Report and Recommendation [70]
recommending that the Court deny Defendants’ Motion to Dismiss [21] without prejudice and
allow non-arbitrating Plaintiffs to file an amended complaint.
The parties have not filed any objections the Report and Recommendation [70]. The
Court has reviewed the record in this case.
The Report and Recommendation [70] of the Magistrate Judge is hereby ADOPTED and
is entered as the findings and conclusions of the Court.
Accordingly,
IT IS ORDERED that Defendants’ Motion to Dismiss [21] is DENIED WITHOUT
PREJUDICE.

IT IS FURTHER ORDERED that non-arbitrating Plaintiffs file an amended complaint
in accordance with the Report and Recommendation [70].
SO ORDERED.

s/Arthur J. Tarnow
ARTHUR J. TARNOW
SENIOR UNITED STATES DISTRICT JUDGE

Dated: July 2, 2013