Bailey v. Washington Area Council of Engineering Laboratories (WACEL)

Filing 44

ORDER overruling 35 Objection; adopting 32 Report and Recommendations; granting 36 Motion to Amend/Correct; denying as moot 7 Motion to Dismiss for Failure to State a Claim; granting 21 Motion to Dismiss for Failure to State a Claim; Amended Complaint due 10/13/2015; dismissing federal claims with prejudice; dismissing state claims without prejudice. Signed by District Judge Elizabeth K. Dillon on 9/21/2015. (jat)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
HARRISONBURG DIVISION
JEFFREY WILLIAM BAILEY,
Plaintiff,
v.
WASHINGTON AREA COUNCIL OF
ENGINEERING LABORATORIES, et al.,
Defendants.

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Civil Action No. 5:14-cv-00059
By: Elizabeth K. Dillon
United States District Judge

ORDER
In accordance with its memorandum opinion entered this day, the court hereby ORDERS
as follows:
1.

Plaintiff’s objections to Magistrate Judge Joel C. Hoppe’s April 28, 2015 report

and recommendation are OVERRULED (Dkt. No. 35);
2.

The magistrate judge’s report is ADOPTED (Dkt. No. 32);

3.

Defendant Washington Area Council of Engineering Laboratories’ (WACEL)

motion to dismiss plaintiff’s original complaint is DENIED AS MOOT (Dkt. No. 7);
4.

WACEL’s motion to dismiss plaintiff’s amended complaint is GRANTED (Dkt.

No. 21);
5.

Plaintiff’s federal claims are DISMISSED WITH PREJUDICE;

6.

Plaintiff’s state claims are DISMISSED WITHOUT PREJUDICE;

7.

Plaintiff’s motion for leave to file a second amended complaint is GRANTED

(Dkt. No. 36); and

8.

Plaintiff shall file a second amended complaint complying with the court’s

directions within 21 days of this order or this action will be dismissed and struck from the court’s
docket.
The clerk is directed to send a copy of this order to plaintiff and to all counsel of record.
Entered: September 21, 2015.

Elizabeth K. Dillon
United States District Judge

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