Barish-Stern LTD. v. Town of Buchanan, VA

Filing 16

ORDER granting 3 Motion to Strike ; granting 3 Motion to Dismiss for Failure to State a Claim; adopting 15 Report and Recommendations in its entirety and this matter is stricken from the active docket of the court. Signed by District Judge Michael F. Urbanski on 11/25/14. (eot)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
BARISH-STERN LTD.,
Plaintiff,
v.
TOWN OF BUCHANAN, VIRGINIA,
Defendant.

)
)
)
)
)
)
)
)
)
)

Civil Action No.: 7:14cv00181

By: Hon. Michael F. Urbanski
United States District Judge

ORDER
This matter was referred to the Honorable Robert S. Ballou, United States Magistrate Judge,
pursuant to 28 U.S.C. § 636(b)(1)(B), for proposed findings of fact and a recommended disposition.
The Magistrate Judge filed a report and recommendation on August 29, 2014 recommending that
the Town of Buchanan’s motion to strike and dismiss the complaint, Dkt. No. 3, be granted and
that the court dismiss the complaint without prejudice. No objections to the report and
recommendation have been filed, and the court is of the opinion that the report and
recommendation should be adopted in its entirety. It is accordingly ORDERED and
ADJUDGED that the Town of Buchanan’s motion to strike and dismiss the complaint, Dkt. No. 3,
is GRANTED and the complaint is DISMISSED without prejudice, that the report and
recommendation, Dkt. No. 15, is ADOPTED in its entirety, and that this matter is STRICKEN
from the active docket of the court.
The Clerk is directed to send a certified copy of this Order to all counsel of record.
Entered: November 25, 2014

Michael F. Urbanski
Michael F. Urbanski
United States District Judge