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16-093 - Brown v. Utilities Board, City of Daphne, Ala


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16-093 - Brown v. Utilities Board, City of Daphne, Ala
August 22, 2016
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REPORT AND RECOMMENDATIONS re 7 MOTION to Dismiss and/or in the Alternative, Motion to Strike Jury Demand filed by Utilities Board, City of Daphne, Ala and 13 MOTION for Extension of Time to Perfect Service of Process (Out of Time) filed by Deloris N. Brown. Plaintiff's motion for the court to extend time for service of process out of time (doc. 13) is granted. Plaintiff's time to serve is extended until 6/27/16, which service has been completed. As a result, Defendant's motion to dismiss for failure to timely serve is moot. It is recommended that defendant's motion, in the alternative, to strike the jury demand, be granted and that the jury demand by plaintiff be stricken from the pleadings with her claims to proceed to a non-jury trial. Objections to R&R due by 9/6/2016. Signed by Magistrate Judge Bert W. Milling, Jr on 8/22/2016. (cmj)
September 13, 2016
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ORDER ADOPTING 16 REPORT AND RECOMMENDATIONS re 7 MOTION to Dismiss and/or in the Alternative, Motion to Strike Jury Demand filed by Utilities Board, City of Daphne, Ala. Defendant's motion, in the alternative, to strike the jury demand, is granted and that the jury demand by plaintiff is stricken from the pleadings with her claims to proceed to a non-jury trial. Defendant's motion to dismiss for failure to timely serve is moot. Signed by Judge Kristi K. DuBose on 9/13/2016. (cmj)