The City of Norfolk, Virginia et al v. Safe Boats International, LLC et al

Filing 27

ORDER entered and filed 9/15/17 hereby accepting the findings and recommendations set forth in the United States Magistrate Judge's 26 Report and Recommendation filed August 25, 2017. It is therefore ORDERED that Defendant Safe Boats Inter national, LLC's ("SBI") 11 Motion to Dismiss is GRANTED; Plaintiffs' 19 Motion for Leave to File Supplemental Complaint is DENIED, and the case is DISMISSED WITHOUT PREJUDICE. (See Order for Specifics) (Signed by District Judge Raymond A. Jackson on 9/15/17). Copies provided as directed 9/15/17. (ecav, ) Modified on 9/15/2017 to update docket text (ecav, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

THE CITY OF NORFOLK, VIRGINIA
and

RICHARD J. HRYNIEWICH

Plaintiffs,
CIVIL ACTION NO. 2:17cvl59

V.

SAFE BOATS INTERNATIONAL, LLC
and

WILLARD MARINE, INC.,
Defendants.

ORDER

Before the Court is the Magistrate Judge's Report and Recommendation on Defendant
Safe Boats International, LLC's ("SBI") Motion to Dismiss (ECF. No.11),and the City of Norfolk
and Richard Hryniewich's ("Plaintiffs") Motion for Leave to File Supplemental Complaint (ECF.
No. 19) to add claims for contribution and indemnity against SBI. On July 5,2017, this matter was
referred to a United States Magistrate Judge for a report and recommendation. The Motion to
Dismiss was referred pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72
(b), and the Motion for Leave to File Supplemental Complaint was referred by standing order.
Both motions were fiilly briefed and on August 11, 2017, the court heard oral argument.
On August 25,2017, the Magistrate Judge filed a report recommending that SBI's Motion

to Dismiss (ECF. No.ll) be GRANTED, Plaintiffs' Motion for Leave to File Supplemental

Complaint (ECF. No.19) be DENIED, and the case be DISMISSED WITHOUT PREJUDICE
pending the outcome of the underlying personal injury litigation. By copy of the report and

recommendation, each party was advised of their right to file written objections to the findings and
recommendations made by the Magistrate Judge. 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
the United States Magistrate Judge filed August 25, 2017. It is therefore ORDERED that
Defendant's Motion to Dismiss is GRANTED, Plaintiffs' Motion for Leave to File Supplemental

Complaint is DENIED, and the case is DISMISSED WITHOUT PREJUDICE.

The Clerk shall mail a copy of this final Order to counsel for both Parties.
IT IS SO ORDERED.

\

RaymondA/Jacksoa

s;tlvf2017

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