Curry v. Express Wash Operations, LLC

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:24-cv-00178-MR-WCM
KENNETH CURRY, individually and )
on behalf of a class of similarly )
situated persons, )
)
Plaintiff, )
)
vs . ) O R D E R
)
EXPRESS WASH OPERATIONS, )
LLC, d/b/a WHISTLE EXPRESS )
CAR WASH, )
)
Defendant. )
________________________________ )
THIS MATTER is before the Court on the Defendant’s Motion to
Dismiss Amended Complaint [Doc. 69] and the Magistrate Judge’s
Memorandum and Recommendation [Doc. 73] regarding the disposition of
the Motion to Dismiss.
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation
of this Court, the Honorable W. Carleton Metcalf, United States Magistrate
Judge, was designated to consider the above-referenced motion and to
submit a recommendation for its disposition.
On January 28, 2026, the Magistrate Judge issued a Memorandum
and Recommendation, recommending that the Motion to Dismiss be granted
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in part and that the Plaintiff’s Amended Complaint be dismissed without
prejudice for lack of subject matter jurisdiction. [Doc. 73 at 12]. The parties
were advised that any objections to the Magistrate Judge’s Memorandum
and Recommendation were to be filed in writing within fourteen (14) days of
service. [Id. at 13]. The period within which to file objections has now
expired, and no written objections to the Memorandum and
Recommendation have been filed.
After a careful review of the Memorandum and Recommendation, the
Court concludes that the Magistrate Judge’s proposed conclusions of law
are correct and consistent with current case law. Accordingly, the Court
accepts the Magistrate Judge’s recommendation that the Motion to Dismiss
be granted in part and that the Plaintiff’s Amended Complaint be dismissed
without prejudice.
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 73] is ACCEPTED, and the Motion to Dismiss
Amended Complaint [Doc. 69] is GRANTED IN PART. The Plaintiff’s
Amended Complaint is hereby DISMISSED WITHOUT PREJUDICE for lack
of subject matter jurisdiction.
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IT IS SO ORDERED.
Signed: March 9, 2026
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