McKinnon v. Hobby Lobby Stores, Inc. et al

Filing 102

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 90 Report and Recommendations, 97 Supplemental Report and Recommendations,. Signed by District Judge Rodney Gilstrap on 8/1/2022. (nkl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
BRANDY R. MCKINNON,
Plaintiff,
v.
HOBBY LOBBY STORES, INC. AND
KIM GREENLEE
Defendants.

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Case No. 2:18-CV-00179-JRG-RSP

ORDER
Previously, Plaintiff Brandy McKinnon moved to nullify an arbitration award issued
in favor of defendants Hobby Lobby Stores, Inc. (“HLS”) and Kim Greenlee. Dkt. No. 81.
In addition, HLS and Greenlee moved to confirm the same. Dkt. No. 87. Magistrate Judge
Payne entered a Report and Recommendation. Dkt. No. 90.

The parties filed objections

thereto. Dkt. Nos. 94, 96. After a review of the objections, Magistrate Judge Payne entered a
Supplemental Report and Recommendation, Dkt. No. 97, recommending (1) the denial of
McKinnon’s motion to nullify arbitration and (2) the grant of HLS’s motion to confirm
arbitration and dismiss with prejudice McKinnon’s claims against HLS and Greenlee.
McKinnon filed a further objection, Dkt. No. 99.
After conducting a de novo review of the relevant filings, the Court agrees with the
reasoning provided within the Report and Recommendation, Dkt. No. 90, as supplemented, Dkt.
No. 97, and concludes that the McKinnon’s Objections fail to show that the Report and
Recommendation, Dkt. No. 90, as supplemented, Dkt. No. 97, was erroneous. Consequently, the
Court OVERRULES McKinnon’s Objections and ADOPTS the Report and Recommendation,
Dkt. No. 90, as supplemented, Dkt. No. 97, and orders that McKinnon’s motion to nullify

arbitration, Dkt. No. 81, is DENIED and that HLS’s and Greenlee’s motion to confirm
arbitration, Dkt. No. 87, is GRANTED to confirm arbitration and DISMISS-WITHPREJUDICE McKinnon’s claims against HLS and Greenlee.

So Ordered this
Aug 1, 2022