AMERICAN AERIAL SERVICES INC v. TEREX USA LLC et al, No. 2:2012cv00361 - Document 32 (D. Me. 2013)
Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE granting in part and denying in part 13 Motion to Dismiss; adopting 21 Report and Recommended Decision By JUDGE GEORGE Z. SINGAL. (lrc)
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UNITED STATES DISTRICT COURT District of Maine AMERICAN AERIAL SERVICES, INC., Plaintiff, v. TEREX USA LLC, ET AL, Defendants. ) ) ) ) ) ) ) ) ) ) No. 2:12-cv-00361-GZS ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on March 6, 2013, her Recommended Decision (ECF No. 21). Plaintiffs filed its Objection to the Recommended Decision (ECF No. 25) on March 28, 2013. Defendant Terex USA, LLC filed its Response to Plaintiff s Objection to the Recommended Decision (ECF No. 27) on April 10, 2013. Defendant The Empire Crane Company, LLC filed its Joinder in Defendant Terex s Response to Plaintiff s Objection to the Recommended Decision (ECF No. 29). I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in her Recommended Decision, and determine that no further proceeding is necessary. 1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. 2. It is hereby ORDERED that Defendants Motions to Dismiss (ECF Nos. 13 and 15) are GRANTED IN PART AND DENIED IN PART. 3. For reasons stated in the Recommended Decision affirmed by this Court, it is hereby ORDERED that Counts II, IV & V are DISMISSED WITHOUT OBJECTION, Counts III &VII are DISMISSED over Plaintiff s Objections, and Counts VI & VIII are DISMISSED WITHOUT PREJUDICE to Plaintiff seeking to reinstate the claim by way of a properly amended complaint. /s/ George Z. Singal United States District Judge Dated this 7th day of May, 2013.
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