Scott v. Virginia Port Authority et al
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
RODNEY O. SCOTT,
CIVIL ACTION NO. 2:17cvl76
VIRGINIA PORT AUTHORITY, et aL,
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.
October (g ,2017
United Stales District .Tiidge
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