Coe v. IHOP Restaurants, LLC et al
| Brett N. Coe |
| IHOP Restaurants, LLC and CFRA, LLC |
| 2:2016cv00365 |
| June 27, 2016 |
| US District Court for the Eastern District of Virginia |
| Norfolk Office |
| Norfolk City |
| Lawrence R. Leonard |
| Rebecca Beach Smith |
| Employment |
| 42 U.S.C. ยง 12101 |
| Plaintiff |
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Filing
27
ORDER - This matter comes before the court on defendant, CFRA, LLC's, Motion to Dismiss Count II of the Amended Complaint (ECF No. 21 ) filed on February 15, 2017. The United States Magistrate Judge's Report and Recommendation (ECF No. [26 ]) was filed on March 29, 2017. By copy of the Report and Recommendation of the Magistrate Judge, the parties were advised of their right to file written objections thereto. The court has received no objections to the Magistrate Judge's Report a nd Recommendation, and the time for filing same has expired. 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 March 29, 2017. Accor dingly, defendant's Motion to Dismiss Count II of plaintiff's Amended Complaint is GRANTED, and Count II of plaintiff's Amended Complaint is DISMISSED with PREJUDICE. The Clerk shall forward a copy of this Order to all parties of record. Copies distributed as directed. Signed by Chief District Judge Rebecca Beach Smith on 4/21/2017. (cchr)
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Filing
17
ORDER - This matter comes before the court on defendant, CFRA, LLC's, Motion to Dismiss (ECF No. 10) filed on August 19, 2016. The matter was referred to a United States Magistrate Judge by Order of September 13, 2016, (ECF No. 14), pursuant to the provisions of 28 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 recommenda tions for the disposition of the matter. The United States Magistrate Judge's Report and Recommendation (ECF No. 16) was filed on December 22, 2016. The Magistrate Judge recommended that the court grant defendant's Motion to Dismiss, but th at the dismissal be without prejudice as to Claims 1, 2, and 5 of plaintiff's Complaint. 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 December 22, 2016. Accordingly, defendant's Motion to Dismiss is GRANTED; plaintiff's Complaint is DISMISSED as to Count 3, and plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE as to Counts 1, 2, and 5. Plaintiff is GRA NTED leave to amend Counts 1 and 5 of his Complaint. Said Amended Complaint shall be filed within twenty (20) days of entry of this Order. The Clerk shall forward a copy of this Order to all parties of record. Copies distributed as directed. Signed by Chief District Judge Rebecca Beach Smith on 1/13/2016. (cchr)
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