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Genesis ElderCare Rehab. Servs., Inc. v. Healthtique Winston Salem, LLC

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION
Aug 20, 2013
(W.D.N.C. Aug. 20, 2013)

Opinion

08-20-2013

GENESIS ELDERCARE REHABILITATION SERVICES, INC., d/b/a GENESIS REHABILITATION SERVICES; and RESPIRATORY HEALTH SERVICES, LLC, Plaintiffs, v. HEALTHTIQUE WINSTON SALEM, LLC, d/b/a WINSTON SALEM NURSING and REHABILITATION, et al., Defendants.


Memorandum & Order

THIS MATTER is before the Court on Plaintiffs' Renewed Motion to Stay, filed July 12, 2013. (Doc. 10).

Pursuant to 28 U.S.C. § 636(b)(1)(B), United States Magistrate Judge David C. Keesler was designated to consider and recommend disposition in the aforesaid motion. In an opinion filed July 16, 2013, Magistrate Judge Keesler recommended that Plaintiffs' motion be denied in part and granted in part. (Doc. 11 / M & R at 1, 3.) The time for filing objections has since passed, 28 U.S.C. §636(b)(1)(C), and no objections have been filed by either party in this matter.

After a careful review of the Magistrate Judge's Memorandum & Recommendation, the Court finds that his findings of fact are supported by the record and his conclusions of law are consistent with and well supported by current case law. See Orpiano v. Johnson, 687 F.2d 44, 47 (4Cir. 1982) (holding that only a careful review is required in considering a memorandum and recommendation absent specific objections); Diamond v. Colonial Life, 416 F.3d 310, 315-16 (4Cir. 2005). Accordingly, the Court hereby accepts the Memorandum & Recommendation of the Magistrate Judge and adopts it as the final decision of this Court for all purposes relating to this case.

IT IS, THEREFORE, ORDERED that the Plaintiffs' Renewed Motion To Stay (Doc. 10) is hereby DENIED.

IT IS FURTHER ORDERED that the Plaintiffs' Alternative Motion to Dismiss without prejudice is hereby GRANTED.

_____________

Richard L. Voorhees

United States District Judge


Summaries of

Genesis ElderCare Rehab. Servs., Inc. v. Healthtique Winston Salem, LLC

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION
Aug 20, 2013
(W.D.N.C. Aug. 20, 2013)
Case details for

Genesis ElderCare Rehab. Servs., Inc. v. Healthtique Winston Salem, LLC

Case Details

Full title:GENESIS ELDERCARE REHABILITATION SERVICES, INC., d/b/a GENESIS…

Court:UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION

Date published: Aug 20, 2013

Citations

(W.D.N.C. Aug. 20, 2013)