Coe v. IHOP Restaurants, LLC et al, No. 2:2016cv00365 - Document 27 (E.D. Va. 2017)

Court Description: 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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Coe v. IHOP Restaurants, LLC et al Doc. 27 FILED UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA APR 2 ! 2017 Norfolk Division CuKK, U.S. DISTRICT COURT NORFOLK. VA BRETT N. COE, Plaintiff, V. Case No. 2:16cv365 IHOP RESTAURANTS, LLC,^ a foreign limited liability company, and CFRA, LLC, a foreign limited liability company, Defendeuits. 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 matter was referred to a United States Magistrate Judge by Order of March 9, 2017, to the provisions of 28 U.S.C. Civil Procedure 72(b), hearings, (ECF No. 25), pursuant ยง 636{b)(1)(B) to conduct hearings, and Federal Rule of including evidentiary if necessary, and to submit to the undersigned proposed findings of fact, if applicable, and recommendations for the disposition of the matter. The United States Magistrate Judge's Report and Recommendation (ECF No. 26) was filed on March 29, 2017. The Magistrate Judge ^ Plaintiff voluntarily dismissed IHOP Restaurants, LLC, on August 19, 2016. (ECF No. 9). Dockets.Justia.com recommended that the court grant defendant's Motion to Dismiss Count II of plaintiff's Amended Complaint, and that Count II of plaintiff's Amended Complaint be dismissed with prejudice. By copy of the Report and Recommendation of the Magistrate Judge, the parties were advised of their right objections thereto. to file written The court has received no objections to the Magistrate Judge* s Report and Recommendation, and the time for filing same has expired. The court does hereby adopt and approve in full the recommendations findings and set forth in the Report and Recommendation of the United States Magistrate Judge filed March 29, 2017. Accordingly, 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. Isl I t is so ORDERED. Rebecca Beach Smith Chief Judge REBECCA BEACH SMITH CHIEF April 2017 JUDGE

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