Binion et al v. The United States Department of Agriculture et al (MAG+), No. 2:2018cv00544 - Document 49 (M.D. Ala. 2019)
Court Description: OPINION AND ORDER: 1) ADOPTING the 46 recommendation of the United States Magistrate Judge; 2) CONSTRUING the 37 Motion to Dismiss as a motion to dismiss or in the alternative for a more definite statement; 3) GRANTING the 37 Motion for Mo re Definite Statement; 4) DENYING the 37 Motion to Dismiss; 5) DENYING as moot the 23 Motion for Preliminary Injunction, the 24 & 34 Motions to set a Hearing, and the 42 Motion to defer the motion to dismiss, with leave to refile; 6) GRANTING the 41 & 44 Motions for leave to Amend; further ORDERING that this case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 9/24/2019. (am, )
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Binion et al v. The United States Department of Agriculture et al (MAG+) Doc. 49 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION ROBERT BINION and COREY LEA, Plaintiffs, v. THE UNITED STATES DEPARTMENT OF AGRICULTURE and SONNY PERDUE, Secretary of Agriculture, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:18cv544-MHT (WO) OPINION AND ORDER This case is before the court on the recommendation of the United States Magistrate Judge that defendants’ motion to dismiss be construed as a motion to dismiss or in the alternative for a more definite statement; that the motion for a more definite statement granted; and that the motion to dismiss be denied. be The magistrate judge also recommends granting plaintiffs’ motions for leave to amend and denying certain other motions filed by plaintiffs. There are no objections Dockets.Justia.com to the recommendation. Upon an independent and de novo review of the record, it is ORDERED as follows: (1) The recommendation of the United States Magistrate Judge (doc. no. 46) is adopted. (2) The motion to dismiss (doc. no. 37) is construed as a motion to dismiss or in the alternative for a more definite statement. (3) The motion for a more definite statement (doc. no. 37) is granted. (4) The motion to dismiss (doc. no. 37) is denied. (5) The motion for preliminary injunction (doc. no. 23), motions to set a hearing (doc. nos. 24 & 34), and motion to defer the motion to dismiss (doc. no. 42) are denied as moot, with leave to refile. (6) The motions for leave to amend (doc. nos. 41 & 44) are granted. It is further ORDERED that this case is referred back to the magistrate judge for further proceedings. DONE, this the 24th day of September, 2019. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE
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