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15-094 - A&P Support, Inc. v. Crucible Ventures, Ltd et al


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15-094 - A&P Support, Inc. v. Crucible Ventures, Ltd et al
November 17, 2017
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Report and Recommendation. It is RECOMMENDED that the motion under Federal Rule of Civil Procedure 12(b)(5) to dismiss for failure to serve be GRANTED and the case DISMISSED without prejudice, and the motion to dismiss under Rule 12(b)(6) for failure to state a claim and any other motions filed by Whitesides be DENIED as moot. If this recommendation is accepted, the undersigned would then RECOMMEND default judgment be entered against Crucible and Carroll, and the case closed. IT IS ORDERED that this case is transferred to the docket of Senior United States District Judge Sam R. Cummings. After that reassignment, the undersigned may continue to exercise all powers permitted by 28 U.S.C. ยง 636(b) unless otherwise directed by Judge Cummings. (Ordered by Magistrate Judge E. Scott Frost on 11/17/2017) (jak)
January 23, 2018
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ORDER. The Court has reviewed the Report and Recommendation 50 for clear error and finds none. It is therefore ORDERED that the findings and conclusions in the Report and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. Accordingly, Defendant Whitesides' motions to dismiss 38 and 49 are GRANTED to the extent that they seek dismissal under Federal Rule of Civil Procedure 12(b)(5) and DENIED AS MOOT to the extent that they seek dismissal under Federal Rule of Civil Procedure 12(b)(6). Defendant Thomas A. Whitesides, Jr. is TERMINATED as a party to this case. This case is returned to the docket of the Honorable E. Scott Frost for further proceedings consistent with the order of reference. (Ordered by Senior Judge Sam R Cummings on 1/23/2018) (jmc)