Carroll v. Tropical Aquaculture Products, Inc.

Full title: MICHAEL CARROLL and JENNA CARROLL, Plaintiffs v. TROPICAL AQUACULTURE…

Court: United States District Court, D. Vermont

Date published: Feb 13, 2009

File No. 1:08-CV-138 (D. Vt. Feb. 13, 2009)

Opinion

File No. 1:08-CV-138.

February 13, 2009

ORDER

J. MURTHA, District Judge

The Magistrate Judge's Report and Recommendation was filed January 6, 2009. (Paper 47.) After de novo review and over objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1). Defendants' motion to dismiss Counts II, III and IV of the Amended Complaint (Paper 9) is GRANTED. Plaintiffs shall be allowed 30 days in which to amend the pleadings.

Further, plaintiffs' motion for leave to file second amended complaint (Paper 49) is GRANTED. Plaintiffs' second amended complaint shall be filed on or before March 16, 2009. Plaintiffs' request for relief from ordering a transcription of the record (Paper 56) is GRANTED.

This matter is returned to Magistrate Judge Niedermeier for further proceedings.

SO ORDERED.