Weakley v. Homeland Security Solutions Inc

Filing 36

ORDER. It is hereby ORDERED that the plaintiff's objections to the REPORT ANDRECOMMENDATION are overruled; the REPORT AND RECOMMENDATION of the Magistrate Judge 33 is ADOPTED on the basis of the reasoning of the REPORT AND RECOMMENDATION; DEF ENDANT HSSI' S MOTION TO DISMISS 6 is Denied as Moot; PLAINTIFFS [sic] REQUEST TO AMEND SUPPLEMENT 12 is Granted; and the Complaint 3 and the Request to Amend 12 collectively are construed as the plaintiff's Amended Complaint; DEFEN DANT HOMELAND SECURITY SOLUTIONS, INC.'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT 18 is granted; DEFENDANT HOMELAND SECURITY SOLUTIONS, INC.'S MOTION TO STRIKE PLAINTIFF'S "RESPONSE TO DEFENDANT'S REPLY BRIEF IN SUPPORT OF ITS MOTION TO DISMISS" 29 is Granted; and Plaintiff's Response 28 dated Feb. 16, 2015 is stricken and the Court will not consider the response; and the Amended Complaint ( 3 and 12 , collectively), and the case is Dismis sed with Prejudice. This Order may be appealed by the plaintiff. Any appeal from this decision must be taken by filing a written notice of appeal with the Clerk of the Court within thirty (30) days of the date of entry hereof. See Order for complete details. Signed by District Judge Robert E. Payne on 06/16/2015. Copy mailed to Plaintiff, Yes as directed. (ccol, )

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

DOUGLAS WEAKLEY,

CLERK, U.S. DiSTr-11CT COURl
RICHMOND. VA

Plaintiff,
Civil Action No. 3:14cv785

v.
HOMELAND SECURITY
SOLUTIONS, INC.,
Defendant.

ORDER
By Orders entered herein on April 9 and March 6,

2015 the

following motions were referred to Magistrate Judge Roderick C. Young
for report and recommendation:
•

DEFENDANT HSSI'S MOTION TO DISMISS (Docket No. 6)

•

PLAINTIFFS [sic] REQUEST TO AMEND SUPPLEMENT (Docket No.
12)

•

DEFENDANT HOMELAND SECURITY SOLUTIONS, INC.'S MOTION TO
DISMISS PLAINTIFF'S AMAENDED COMPLAINT (Docket No. 18)

•

DEFENDANT HOMELAND SECURITY SOLUTIONS, INC.'S MOTION TO
STRIKE PLAINTIFF'S "RESPONSE TO DEFENDANT'S REPLY BRIEF
IN SUPPORT OF ITS MOTION TO DISMISSu (Docket No. 29)

Having reviewed the REPORT AND RECOMMENDATION of the Magistrate
Judge (Docket No. 33) entered herein on May 19, 2015, the plaintiff's
objections

to

the

DEFENDANT

HOMELAND

REPORT

AND

SECURITY

RECOMMENDATION
SOLUTIONS,

(Docket

INC.'S

No.

RESPONSE

34) ,
TO

PLAINTIFF'S OBJECTION TO THE MAGISTRATE'S REPORT AND RECOMMENDATION
(Docket No. 35), and having considered the record and the REPORT AND
RECOMMENDATION and finding no error therein, it is hereby ORDERED
that:
(1)

The

plaintiff's

objections

to

the

REPORT

AND

RECOMMENDATION are overruled;
(2)

The REPORT AND RECOMMENDATION of the Magistrate Judge

(Docket No. 33) is ADOPTED on the basis of the reasoning of the REPORT
AND RECOMMENDATION;
( 3)

DEFENDANT HSSI' S MOTION TO DISMISS (Docket No. 6) is denied

as moot;
(4)

PLAINTIFFS [sic] REQUEST TO AMEND SUPPLEMENT (Docket No.

12) is granted; and the Complaint (Docket No. 3) and the Request to
Amend (Docket No. 12) collectively are construed as the plaintiff's
Amended Complaint;
(5)

DEFENDANT HOMELAND SECURITY SOLUTIONS, INC.'S MOTION TO

DISMISS PLAINTIFF'S AMENDED COMPLAINT (Docket No. 18) is granted;
(6)

DEFENDANT HOMELAND SECURITY SOLUTIONS, INC.'S MOTION TO

STRIKE PLAINTIFF'S "RESPONSE TO DEFENDANT'S REPLY BRIEF IN SUPPORT
OF ITS MOTION TO DISMISS"

(Docket No.

2 9)

is granted and the

PLAINTIFF'S RESPONSE TO DEFENDANTS [sic] REPLY BRIEF IN SUPPORT OF
ITS MOTION TO DISMISS: DATED Feb 16, 2015 AND CONCLUSION TO PURTANANT
[sic] FACTS OF CASE (Docket No. 28) is stricken and the Court will
2

not consider the response; and
( 7)

The Amended Complaint (Docket Nos. 3 and 12, collectively)

and the case are dismissed with prejudice.
The issues are adequately addressed by the briefs and oral
argument would not materially aid the decisional process.
This Order may be appealed by the plaintiff.

Any appeal from

this decision must be taken by filing a written notice of appeal with
the Clerk of the Court within thirty (30) days of the date of entry
hereof.

Failure to file a timely notice of appeal may result in the

loss of the right to appeal.
The Clerk is directed to send a copy of this Order to the
plaintiff.
It is so ORDERED.

/s/

Robert E. Payne
Senior United States District Judge
Richmond, Virginia
Date: June
2015

14z-,

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