Opinion
CASE NO. 3:08-cv-71-RJC.
June 23, 2009
THIS MATTER is before the Court on the defendant's Motion to Dismiss (Doc. No. 14 15), the plaintiff's opposition (Doc. No. 16), and the magistrate judge's Memorandum and Recommendation ("M R") (Doc. No. 22), which recommended that the motion be denied. The parties were advised that objections were to be filed in writing within ten (10) days after service of the magistrate judge's decision. (Doc. No. 22 at 14). The time for filing objections has since passed and no objections have been filed by either party in this matter. For the reasons stated below, the Court DENIES the defendant's Motion to Dismiss.
I. STANDARD OF REVIEW
II. CONCLUSION
28 U.S.C. § 636Camby v. Davis 718 F.2d 198198Diamond v. Colonial Life Accident Ins. Co. 416 F.3d 31031572
IT IS, THEREFORE, ORDERED that the defendant's Motion to Dismiss is DENIED. IT IS FURTHER ORDERED that the defendant file its answer to plaintiff's amended complaint within ten (10) days of this Order.