Coe v. IHOP Restaurants, LLC et al

Filing 27

ORDER - This matter comes before the court on defendant, CFRA, LLC's, Motion to Dismiss Count II of the Amended Complaint (ECF No. 21 ) filed on February 15, 2017. The United States Magistrate Judge's Report and Recommendation (ECF No. [26 ]) was filed on March 29, 2017. By copy of the Report and Recommendation of the Magistrate Judge, the parties were advised of their right to file written objections thereto. The court has received no objections to the Magistrate Judge's Report a nd Recommendation, and the time for filing same has expired. The court does hereby adopt and approve in full the findings and recommendations set forth in the Report and Recommendation of the United States Magistrate Judge filed March 29, 2017. Accor dingly, defendant's Motion to Dismiss Count II of plaintiff's Amended Complaint is GRANTED, and Count II of plaintiff's Amended Complaint is DISMISSED with PREJUDICE. The Clerk shall forward a copy of this Order to all parties of record. Copies distributed as directed. Signed by Chief District Judge Rebecca Beach Smith on 4/21/2017. (cchr)

FILED
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

APR 2 ! 2017

Norfolk Division
CuKK, U.S. DISTRICT COURT
NORFOLK. VA

BRETT N.

COE,

Plaintiff,
V.

Case No.

2:16cv365

IHOP RESTAURANTS, LLC,^
a foreign limited
liability company,
and

CFRA,

LLC,

a foreign limited
liability company,
Defendeuits.
ORDER

This matter comes before the court on defendant, CFRA, LLC's,

Motion to Dismiss Count II of the Amended Complaint (ECF No. 21) filed
on February 15,

2017.

The matter was referred to a United States

Magistrate Judge by Order of March 9, 2017,
to the provisions of 28 U.S.C.

Civil Procedure 72(b),
hearings,

(ECF No. 25), pursuant

§ 636{b)(1)(B)

to conduct hearings,

and Federal Rule of

including evidentiary

if necessary, and to submit to the undersigned proposed

findings

of

fact,

if

applicable,

and

recommendations

for

the

disposition of the matter.

The United States Magistrate Judge's Report and Recommendation
(ECF No.

26)

was filed on March 29,

2017.

The Magistrate Judge

^ Plaintiff voluntarily dismissed IHOP Restaurants, LLC, on
August 19,

2016.

(ECF No.

9).

recommended that the court grant defendant's Motion to Dismiss Count
II of plaintiff's Amended Complaint, and that Count II of plaintiff's
Amended Complaint be dismissed with prejudice.
By copy of the Report and Recommendation of the Magistrate
Judge,

the parties were advised of their right

objections thereto.

to file written

The court has received no objections to the

Magistrate Judge* s Report and Recommendation, and the time for filing

same has expired.

The court does hereby adopt and approve in full

the

recommendations

findings

and

set

forth

in

the

Report

and

Recommendation of the United States Magistrate Judge filed March 29,
2017.

Accordingly,

defendant's

Motion

to

Dismiss

Count

II

of

plaintiff's Amended Complaint is GRANTED, and Count II of plaintiff's
Amended Complaint is DISMISSED with PREJUDICE.

The Clerk shall forward a copy of this Order to all parties of
record.

Isl

I t is so ORDERED.

Rebecca Beach Smith
Chief Judge
REBECCA BEACH SMITH
CHIEF

April

2017

JUDGE