Tipple v. Kroger Texas, LP
ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 33 Report and Recommendations, DENYING 14 Motion for Summary Judgment, filed by Kroger Texas, LP. Signed by Judge Ron Clark on 7/8/2013. (baf, )
**NOT FOR PRINTED PUBLICATION**
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
KROGER TEXAS, LP,
CASE NO. 4:12-CV-573
Judge Clark/Judge Mazzant
ORDER ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On June 19, 2013, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant’s Motion for Final Summary Judgment [Doc.
#14] be denied [Doc. #33]. On July 1, 2013, defendant filed objections [Doc. #35]. On July 2, 2013,
plaintiff filed a response [Doc. #36].
The Magistrate Judge determined that defendant failed to establish that there were no
material fact issues remaining. Defendant filed fifteen pages of objections that merely reargue the
same points made in the motion for summary judgment. The court agrees with the Magistrate
Judge’s decision to recommend denial of the motion. It is alleged, and never denied, that the
defendant’s manager repeatedly spoke to plaintiff as follows: “You are a fucking retarded idiot.
You are too stupid to live.” The court has not heard all the testimony, but along with other evidence
presented, this could support a verdict for Plaintiff. The case shall proceed to trial.
Having received the report of the United States Magistrate Judge, and considering the
objections thereto filed by defendant, this court is of the opinion that the findings and conclusions
of the Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and
conclusions of the court.
It is, therefore, ORDERED that Defendant’s Motion for Final Summary Judgment [Doc.
#14] is DENIED.
So ORDERED and SIGNED this 8 day of July, 2013.
Ron Clark, United States District Judge