Gregory v. FedEx Corporation et al

Filing 297

ORDER ADOPTING REPORT AND RECOMMENDATIONS; denying as moot 269 Motion to Dismiss; denying as moot 272 Motion to Sever. Signed by District Judge Raymond A. Jackson and filed on 2/6/12. (jcow, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

BRADLEY D. GREGORY, et al.,
Plaintiffs,
v.

CIVIL ACTION NO. 2:10cv630

FEDEX GROUND PACKAGING SYSTEM INC.,
Defendant.

ORDER

Before the Court are Defendant's Motions to Dismiss the Non-Norfolk Plaintiffs' Claims
for Misjoinder, or, in the alternative, to Sever and Transfer Those Claims ("Motions to
Dismiss"), pursuant to Rules 20(a) and 21 of Federal Rules of Civil Procedure. ECF Nos. 269,

272. On October 5,2011, this matter was referred to the Honorable United States Magistrate

Judge F. Bradford Stillman ("Judge Stillman") pursuant to the provisions of 28 U.S.C. Section

636(b)(l)(B) and Rule 72(b) of the Federal Rules of Civil Procedure for a report and
recommendation.
Defendant's Motions to Dismiss addressed claims in Plaintiffs' Fifth Amended

Complaint. On November 21, 2011, Judge Stillman, sua sponte, ordered Plaintiffs to file a Sixth
Amended Complaint, which would indicate the Court's basis of jurisdiction, set forth all of the

causes of action Plaintiffs intend to plead, and excise all references to class action litigation.
Accordingly, Plaintiffs filed a Sixth Amended Complaint on December 13, 2011. As a result, on
January 17,2012, Judge Stillman filed his report recommending that Defendant's Motions to

1

Dismiss be DENIED as moot because Defendant does not intend to rely on prior pleadings to
respond to Plaintiffs' Sixth Amended Complaint. By copy of the report, each party was advised
of their right to file written objections to the findings and recommendations made by the
Magistrate Judge within fourteen (14) days from the date of the mailing of Judge Stillman's

report. The Court has received no objections to the report and the time for filing the same has
expired.

The Court does hereby accept the findings and recommendations set forth in the report of
Judge Stillman.

Accordingly, it is ORDERED that Defendant's Motions to Dismiss (ECF Nos. 269,272)
are DENIED as moot.
The Clerk shall mail a copy of this Order to counsel for both parties.
IT IS SO ORDERED.

Norfolk, Virginia

February ^ ,2012

Raymond A.Uickson
United States District Jud"e