CMA CGM S.A. v. Cap Barbell, Inc.

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS - granting in part and denying in part 12 Motion to Dismiss for Failure to State a Claim. (See Report and Recommendations for Details). Copies distributed as directed. Signed by Chief District Judge Rebecca Beach Smith on 10/18/2018. (clou)

UNITED

STATES

DISTRICT

COURT

EASTERN DISTRICT OF VIRGINIA

FILED

Norfolk Division

OCT i 8 2018
CMA CGM S.A. ,

CLERK, U.S. DISTRICT COURT
NORFOLK. VA

Plaintiff,
V.

Case No.

CAP BARBELL,

2:18cv215

INC.,
Defendant.

ORDER

This matter comes before the court on Defendant's Partial Rule

12(b) (6) Motion to Dismiss (ECF No. 12) filed on July 13, 2018.

The

matter was referred to a United States Magistrate Judge by Order of
August 3, 2018,
§

(ECF No. 16), pursuant to the provisions of 2 8 U. S. C.

636(b) (1) (B) and Federal Rule of Civil Procedure 72(b), to conduct

hearings,

including

evidentiary

hearings,

if

necessary,

and

to

submit to the undersigned proposed findings of fact, if applicable,
and recommendations for the disposition of the Motion.

The United States Magistrate Judge's Report and Recommendation
(ECF No. 17) was filed on September 17, 2018.

The Magistrate Judge

recommended that the court grant in part and deny in part Defendant's
Partial Rule

12(b)(6)

Motion to

Dismiss;

he

recommended that

court grant Defendant's Motion as to Count II,

the

grant Defendant's

Motion as to Count III, and deny Defendant's Motion as to Count IV.

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.

Accordingly,

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
September 17, 2018.

The court GRANTS Defendant's Motion to Dismiss

Count II and III, and DENIES Defendant's Motion to Dismiss Count IV.

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

It

is

so ORDERED.

Isl

-m-

Rebecca Beach Smith
Chief Judge

REBECCA
CHIEF

October

18'

2018

BEACH
JUDGE

SMITH