Abbott et al v. Austal USA, LLC

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#
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