Opinion
CA 07-427 ML.
May 4, 2009
MEMORANDUM AND ORDER
This matter is before the Court on a Report and Recommendation issued by Magistrate Judge Martin on March 31, 2009 and a Motion to Dismiss filed by Cross-Claimant Laura Drainville on April 27, 2009 (Docket #51). For the reasons set forth below, the Court adopts the Report and Recommendation in its entirety and DENIES Cross-Claimant's Motion to Dismiss.
No objection has been filed to the Report and Recommendation. The Court, therefore, adopts the recommended disposition and hereby DENIES the Motion to Dismiss (Docket #46) with one exception: Counts II and III of the cross-claim are dismissed and Cross-Claim Plaintiffs may amend those claims in accordance with the Report and Recommendation. Any such amendment shall be filed within 10 days of the date of this Order.
Cross-Claim Defendant's Motion to Dismiss (Docket #51) is hereby dismissed on the Court's Motion. The Motion to Dismiss is premature because it is based on Cross-Claim Defendant's misunderstanding that the Report and Recommendation disposed of their previous Motion. It does not; pursuant to 28 U.S.C. § 636(b)(1)(B), it simply recommends a disposition.
SO ORDERED.