Omni Logistics LLC v. Wells

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:25-cv-00023-MR-WCM
OMNI LOGISTICS, LLC, )
)
Plaintiff, )
)
vs. )
) O R D E R
DANIEL WELLS, )
)
Defendant. )
_______________________________ )
THIS MATTER is before the Court on the Defendant’s Motion to
Dismiss [Doc. 11] and the Magistrate Judge’s Memorandum and
Recommendation [Doc. 18] 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 December 22, 2025, the Magistrate Judge issued a Memorandum
and Recommendation, recommending that the Motion to Dismiss be denied.
[Doc. 18 at 16]. The parties were advised that any objections to the
Magistrate Judge’s Memorandum and Recommendation were to be filed in
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writing within fourteen (14) days of service. [Id. at 17]. 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 denied.
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 18] is ACCEPTED, and the Motion to Dismiss [Doc.
11] is DENIED.
IT IS SO ORDERED.
Signed: January 13, 2026
Case 1:25-cv-00023-MR-WCM Document 19 Filed 01/13/26 Page 2 of 2