Nightingale Nursing Services Inc. v. Carolina Pines at Asheville LLC

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:24-cv-00048-MR-WCM
NIGHTINGALE NURSING )
SERVICES INC., )
)
Plaintiff, )
)
vs. ) O R D E R
)
CAROLINA PINES AT )
ASHEVILLE LLC, )
)
Defendant. )
_______________________________ )
THIS MATTER is before the Court on Defendant’s Motion to Partially
Dismiss Complaint [Doc. 7] and the Magistrate Judge’s Memorandum and
Recommendation (“M&R”) thereon [Doc. 17].
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation
of the Court, the Honorable W. Carleton Metcalf, United States Magistrate
Judge (the “Magistrate Judge”), was designated to consider Defendant’s
motion and to submit a recommendation for its disposition.
On June 3, 2024, the Magistrate Judge filed an M&R containing
conclusions of law in support of his recommendation that Defendant’s partial
motion to dismiss should be denied. [See Doc. 17]. The parties were
advised that any objections to the Magistrate Judge’s M&R were to be filed
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in writing within fourteen (14) days of service. This period has now passed,
and no objections have been filed.
After careful consideration of the M&R, the Court finds that the
Magistrate Judge’s proposed conclusions of law are correct and consistent
with current case law. Accordingly, the Court hereby accepts the Magistrate
Judge’s M&R and denies Defendant’s partial motion to dismiss.
IT IS, THEREFORE, ORDERED that the M&R [Doc. 17] is hereby
ACCEPTED.
IT IS FURTHER ORDERED that Defendant’s Motion to Partially
Dismiss Complaint [Doc. 7] is hereby DENIED.
IT IS SO ORDERED. Signed: July 1, 2024
Case 1:24-cv-00048-MR-WCM Document 18 Filed 07/01/24 Page 2 of 2