Ferrell v. Harris et al

Filing 15

ORDER ADOPTING DE 14 Report and Recommendations; DENYING DE 9 Motion to Dismiss for Failure to State a Claim; DENYING DE 10 Motion to Dismiss for Failure to State a Claim. Signed by Judge John T. Fowlkes, Jr on 1/31/14. (Fowlkes, J.

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

JUDY GALE FERRELL,
Plaintiff,
v.
NEIL HARRIS and PRESTIGIOUS
CARRIER, INC.,
Defendants.

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Case No. 2:13-cv-02480-JTF-tmp

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
ORDER DISMISSING CASE

Before the Court is Defendant Prestigious Carrier, Inc.’s Motion to Dismiss Complaint
(D.E. #9), filed October 30, 2013, and Defendant Neil Harris’ Motion to Dismiss Complaint
(D.E. #10), filed October 30, 2013. Plaintiff filed her Response to Defendants’ Motions to
Dismiss on December 30, 2013. (D.E. #13). On June 28, 2013, this Court entered an Order
Referring all Motions to the Magistrate Judge for Report and Recommendation, pursuant to 28
U.S.C. §§631-39. (D.E. #3).
On January 10, 2014, the Magistrate Judge filed his Report and Recommendation,
recommending that Defendants’ Motions “be denied without prejudice, for failure to comply
with Local Rules” and that Defendants should be “permitted to refiled their motions to dismiss
with supporting memorandum of facts and law, within thirty (30) days of the entry of the order
adopting this report and recommendation.” (D.E. #14). Objections to the Magistrate’s Report
and Recommendation were due January 24, 2014. No objections were filed in this matter.

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After reviewing the Magistrate Judge’s Report and Recommendation and the entire
record, the Court hereby ADOPTS the Magistrate’s Report and Recommendation.
IT IS THEREFORE ORDERED that Defendants’ Motions to Dismiss are DISMISSED
without prejudice. Defendants are permitted to refile their Motions to Dismiss within thirty (30)
days the entry of this Order, or until March 3, 2014.
IT IS SO ORDERED this 31st day of January, 2014.
BY THIS COURT:
s/John T. Fowlkes, Jr.
JOHN T. FOWLKES, JR.
United States District Judge

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