Scott v. Virginia Port Authority et al

Filing 41

ORDER adopting Report and Recommendations re 7 Motion to Dismiss for Failure to State a Claim; 12 Motion to Dismiss for Failure to State a Claim; 14 Motion to Dismiss for Lack of Jurisdiction. The Court does hereby accept the findings a nd recommendations set forth in the report of the United States Magistrate Judge filed September 8, 2017. It is therefore ORDERED that Defendants' motions to dismiss be DENIED as MOOT. Signed by District Judge Raymond A. Jackson and filed on 10/6/17. Copies distributed to all parties 10/6/17. (ldab, )

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

RODNEY O. SCOTT,
Plaintiff,
CIVIL ACTION NO. 2:17cvl76

V.

VIRGINIA PORT AUTHORITY, et aL,
Defendant.

ORDER

Before the Court is the Magistrate Judge's Report and Recommendation on defendants
Hampton Roads Shipping Association's ("HRSA"), Virginia International Terminals, Inc.'s

("VIT"), Virginia Port Authority's ("VPA"), and Michael L. Brewer's ("Brewer") respective
motions to dismiss. ECF Nos. 7, 12, 14. On May 10, 2017, these matters were referred to a

United States Magistrate Judge for a report and recommendation.

Defendants' motions to

dismiss were referred pursuant to the provisions of 28 U.S.C. Section 636(b)(1)(B) and (C), Rule
72(b) of the Federal Rules of Civil Procedure, and Rule 72 of the Rules of the United States

District Court for the Eastern District of Virginia. On April 25, 2017, Defendants' filed their

respective motions to dismiss and accompanying memoranda. ECF Nos. 7, 12, 14. On May
11-12, 2017, Plaintiff filed memoranda in opposition to each of Defendants' motions. ECF Nos.

20-22. In Plaintiffs opposition memoranda. Plaintiffasked the court for leave to file an amended
complaint. ECF No. 20 at 15.

On September 8, 2017, the Magistrate Judge filed his report recommending that

Defendants' motions to dismiss be DENIED as MOOT. Simultaneously with this report and
recommendation, the Magistrate Judge issued an order granting Plaintiffs request to amend

Plaintiffs complaint, and gave Plaintiff until September 15, 2017, to do so. ECF No. 30. 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. 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 September 8, 2017. It is therefore ORDERED that
Defendants' motions to dismiss be DENIED as MOOT.

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

Norfolk, Virginia

October (g ,2017

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United Stales District .Tiidge