McClanahan v. Stainker et al

Filing 42

ORDER ADOPTING 39 REPORT AND RECOMMENDATIONS, granting 11 Motion to Sever/Drop filed by Brian K Stainker, Hay, Benjamin L Campbell, granting 12 Motion to Dismiss filed by Brian K Stainker, Hay, Benjamin L Campbell. Signed by Judge Glen M. Williams on 3/11/09. (eps)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ABINGDON DIVISION CAROL S. MCCLANAHAN, Plaintiff, v. BRIAN K. STAINKER, et al., Defendants. ) ) ) ) ) ) ) Civil Action No. 1:08cv00038 ORDER By: GLEN M. WILLIAMS SENIOR UNITED STATES DISTRICT JUDGE

This case is currently before the court on the defendants' Motion To Drop, (Docket Item No. 11), and Motion To Dismiss, (Docket Item No. 12), (collectively "the Motions"). The case was referred, pursuant to 28 U.S.C. § 636(b)(1)(B), to the Honorable Pamela Meade Sargent, United States Magistrate Judge. On February 17, 2009, the Magistrate Judge entered a report and recommendation, (Docket Item No. 39), ("the Report"), recommending that the Motions be granted. Objections to the Report were due by March 6, 2009; however, no objections were filed. Accordingly, the Magistrate Judge's Report shall be ACCEPTED. In particular, the defendants' Motion To Drop is hereby GRANTED, and it is ORDERED that B. McPherson shall be dropped from this action. Additionally, the defendants' Motion To Dismiss is hereby GRANTED, and it is ORDERED that Counts Two, Five, Six and Seven of the Complaint shall be DISMISSED WITHOUT PREJUDICE. Lastly, with respect to Count Four, the amount of punitive damages shall be capped at $350,000.00, the amount allowed under Virginia law.

The Clerk is directed to enter this Order and send certified copies to all counsel of record. ENTER: This 11th day of March 2009. /s/ Glen M. Williams SENIOR UNITED STATES DISTRICT JUDGE

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