1:22-cv-00267•Abbott et al v. Austal USA, LLC
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DENNIS ABBOTT, et al., ) Plaintiffs, ) ) v. ) CIVIL ACTION: 1:22-00267-KD-C ) AUSTAL USA, LLC, ) Defendant. ) ORDER After due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge (Doc. 110) made under 28 U.S.C. § 636(b)(1) and dated August 3, 3023, is ADOPTED as the opinion of the Court. As such, it is ORDERED as follows: 1) The June 7, 2023 Order (Doc. 105) is VACATED, and Plaintiffs’ Fourth Proposed Second Amended Complaint (Doc. 94-1) is deemed to be the operative Second Amended Complaint in this action with an effective date of April 28, 2023; 2) Plaintiffs’ amended complaint dated June 16, 2023 (Doc. 106) is STRICKEN pursuant to Fed. R. Civ. P. 12(f)(1) as redundant, immaterial and/or impertinent; 3) Austal’s motion to strike (Doc. 107) is DENIED as MOOT; 4) Austal’s partial motion to dismiss the Second Amended Complaint (Doc. 95) is GRANTED in part and DENIED in part such that Counts IV-IX of the Fourth Proposed Second Amended Complaint (Doc. 94-1) are DISMISSED with prejudice; the portion of the motion seeking to have Count XI dismissed is DENIED; and the action shall proceed as to Counts I-III, X, and XI. DONE and ORDERED this the 29th day of August 2023. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE Case 1:22-cv-00267-KD-C Doc# 114 Filed 08/29/23 Page 1 of 1 PageID# <pageID>
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