Marimuthu et al v. Signal International LLC et al

Filing 69

ORDER ADOPTING REPORT AND RECOMMENDATION OF U. S. MAGISTRATE JUDGE # 64 that the 38 Motion to Dismiss filed by Gulf Coast Immigration Law Center, L.L.C., Malvern C. Burnett, et al., is granted as to the Plaintiff's Ku Klux Klan Act of 1871 claim and claims of negligent misrepresentation, fraud, and breach of contract. The Plaintiff are given leave to amend. Signed by Judge Marcia A. Crone on 9/9/14. (mrp, )

UNITED STATES DISTRICT COURT
SATHEESH MARIMUTHU, et al.,
Plaintiffs,
v.
SIGNAL INTERNATIONAL L.L.C.,
et al.,
Defendants.

EASTERN DISTRICT OF TEXAS
'
'
'
'
'
'
'
'
'
'

CIVIL ACTION NO. 1:13-CV-499

ORDER ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
This case is referred to the Honorable Zack Hawthorn, United States Magistrate Judge, for
all pretrial matters.

(Doc. No. 4.) The court has received and considered the report and

recommendation of the magistrate judge (Doc. No. 64), which recommends that the court grant in
part and deny is part the “Motion to Dismiss” of Defendants Malvern C. Burnett, The Law Offices
of Malvern C. Burnett, A.P.C., and Gulf Coast Immigration Law Center, L.L.C. (collectively,
“Burnett”). (Doc. No. 38.) The Plaintiffs filed timely objections to the report. (Doc. No. 66.)
Pursuant to the Plaintiffs’ objections, the court has conducted a de novo review of the
magistrate judge’s report and recommendation based on the relevant pleadings, motions, and
responses. See FED. R. CIV. P. 72(b)(3). After careful consideration, the court concludes that the
magistrate judge correctly determined that Burnett’s motion to dismiss should be granted in part
and denied in part.
It is therefore ORDERED that the magistrate judge’s report and recommendation (Doc.
No. 64) is ADOPTED; and Burnett’s “Motion to Dismiss” (Doc. No. 38) is GRANTED as to the
Plaintiffs’ Ku Klux Klan Act of 1871 claim and claims of negligent misrepresentation, fraud, and
breach of contract. The Plaintiffs are given leave to amend. Should they choose to do so, they

shall amend their complaint within seven (7) days of this order. Burnett’s motion as to all other
claims is DENIED.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Sherman, Texas, this 9th day of September, 2014.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

2 of 2