v. Deere & Company et al

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 19 Report and Recommendations, denying 16 Motion to Dismiss filed by Industrial Generator & Engines, Inc. and granting pltf's leave to file an amended complaint within fourteen days. Signed by Judge T. John Ward on 8/25/10. (ehs, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION RALPH WAYNE BOOZER AND KATHERINE BOOZER vs. DEERE & COMPANY, ET AL. § § § § § § ORDER The above-titled and numbered civil action was referred to United States Magistrate Judge Chad Everingham pursuant to 28 U.S.C. § 636. The report of the Magistrate Judge (Dkt. No. 19), which contains his recommendation that the court deny the defendant's motion to dismiss (Dkt. No. 16), and instead grant leave for the plaintiff to amend its complaint, has been presented for consideration. No objections were filed to the report and recommendation. The court is of the opinion that the conclusions of the Magistrate Judge are correct. Therefore, the court adopts, in its entirety, the report of the United States Magistrate Judge as the conclusions of this court. Accordingly, the court grants leave for the plaintiff to file an amended complaint within fourteen days. SIGNED this 25th day of August, 2010.

CASE NO. 2:09-CV-243-TJW-CE

__________________________________________ T. JOHN WARD UNITED STATES DISTRICT JUDGE