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Moore v. Time Warner Cable, Inc.

United States District Court, W.D. North Carolina, Charlotte Division
Nov 5, 2009
CIVIL NO.: 3:09CV3-V (W.D.N.C. Nov. 5, 2009)

Opinion

CIVIL NO.: 3:09CV3-V.

November 5, 2009


MEMORANDUM ORDER


THIS MATTER is before the Court on Defendant's Motion to Dismiss, filed January 14, 2009. (Document #4)

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 a thorough and well considered opinion filed September 29, 2009, Magistrate Judge Keesler recommended that Defendant's motion to dismiss be granted in part and denied in part. (M R at 10.) 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 (4th Cir. 1982) (only a careful review is required in considering a memorandum and recommendation absent specific objections); Thomas v. Arn, 474 U.S. 140 (1985) ("The statute [ 28 U.S.C. § 636(b)(1)(C)] does not on its face require any review at all, by either the district court or the court of appeals of any issue that is not the subject of an objection."). Accordingly, the Court hereby accepts the Memorandum Recommendation and adopts it as the final decision of this Court.

IT IS, THEREFORE, ORDERED that the Defendant's Motion to Dismiss is GRANTED in part and DENIED in part. Accordingly, Defendant's motion is granted as to Count Two and Plaintiff's claims for negligent supervision and retention are hereby DISMISSED with prejudice. Defendant's motion is denied as to Count One.


Summaries of

Moore v. Time Warner Cable, Inc.

United States District Court, W.D. North Carolina, Charlotte Division
Nov 5, 2009
CIVIL NO.: 3:09CV3-V (W.D.N.C. Nov. 5, 2009)
Case details for

Moore v. Time Warner Cable, Inc.

Case Details

Full title:VENUS L. MOORE, Plaintiff, v. TIME WARNER CABLE, INC., Defendant

Court:United States District Court, W.D. North Carolina, Charlotte Division

Date published: Nov 5, 2009

Citations

CIVIL NO.: 3:09CV3-V (W.D.N.C. Nov. 5, 2009)

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