Walters v. BG Foods, Inc

Filing 48

ORDER adopting 43 Report and Recommendation and granting 15 Motion for Partial Dismissal. The claims asserted by pltf Anthony Hall are dismissed in their entirety, without prejudice. Signed by Judge Ron Clark on 3/30/15. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION HUEY P. WALTERS, et al., § § Plaintiffs, § § v. § § BG FOODS, INC. (MCDONALD’S #4723), § § Defendant. § CIVIL ACTION NO. 1:14-CV-96 ORDER ADOPTING REPORT AND RECOMMENDATION ON PARTIAL DISMISSAL The Court referred this matter to United States Magistrate Judge Keith F. Giblin for consideration of and recommended disposition on case-dispositive pretrial motions. On March 5, 2015, Judge Giblin issued his report and recommendation in which he recommended that the Court grant the defendant’s motion for partial dismissal [Doc. #15] and dismiss plaintiff Anthony Hall’s claims in this case without prejudice. The Court has received and considered the report of the United States Magistrate Judge, along with the record and pleadings. No party has filed objections to the magistrate judge’s report. After review, the Court finds that Judge Giblin’s findings and recommendations should be accepted. The Court ORDERS that the Report and Recommendation [Doc. #43] is ADOPTED. The Court further ORDERS that the defendants’ motion for partial dismissal [Doc. #15] is GRANTED, and the claims asserted by plaintiff Anthony Hall, are DISMISSED in their entirety, without prejudice. The Clerk is directed to terminate Mr. Hall as an active party plaintiff. The remainder of the claims asserted in this case by plaintiff Huey P. Walters against defendant remain pending at this time. So ORDERED and SIGNED this 30 day of March, 2015. ___________________________________ Ron Clark, United States District Judge 2

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