Opinion
Civil Action 4:22cv4336
05-17-2023
PAMELA SHARPE, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF MITCHELL DUDLEY, DECEASED, Plaintiff, v. LYFT, INC. AND FLEXDRIVE SERVICES, LLC, Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
SIM LAKE, SENIOR UNITED STATES DISTRICT JUDGE
Having reviewed the Magistrate Judge's Memorandum and Recommendation dated May 1, 2023, (Dkt. 17) and no party having filed objections thereto, the court is of the opinion that said Memorandum and Recommendation should be adopted by this court.
It is, therefore, ORDERED that the Magistrate Judge's Memorandum and Recommendation is hereby ADOPTED by this court.
It is further ORDERED that Defendant Lyft Inc's Rule 12(b)(6)Motion to Dismiss (Dkt. 10) and Defendant Flexdrive Services, LLC's Rule 12(b)(6) Motion to Dismiss (Dkt. 16) are GRANTED and Plaintiffs DTP A claims asserted in any capacity and fraud claim asserted in her individual capacity are DISMISSED WITH PREJUDICE. Plaintiffs fraud claim asserted in her capacity as administrator of Dudley's estate remains pending.