Pulkrabek et al v. TOYOTA MOTOR SALES, USA, INC. et al

Filing 50

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 48 Report and Recommendations, 25 Motion to Dismiss, filed by Toyota Motor North America, Inc., TOYOTA MOTOR SALES, USA, INC.. Signed by District Judge Rodney Gilstrap on 03/30/2021. (nkl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
DAVID PULKRABEK, BARBARA
RAINEY, ANDREW SCHWAB,
WESLEY DICKMAN, and WHITNEY
DICKMAN, on their own behalf and on
Behalf of a class of similarly situated
individuals,

Plaintiffs,
v.
TOYOTA MOTOR SALES, U.SA., INC.
and TOYOTA MOTOR NORTH
AMERICA, INC.,

Defendants.

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Case No. 2:20-cv-00036-JRG-RSP

ORDER
Defendants Toyota Motor Sales, U.S.A., Inc. (“TMS”) and Toyota Motor North America,
Inc. (“TMNA”) (collectively, “Toyota”) previously filed a Motion to Dismiss Plaintiff’s First
Amended Complaint and Brief (Dkt. No. 25.) Magistrate Judge Payne entered a Report and
Recommendation, recommending denial of Toyota’s Motion to Dismiss Plaintiff’s First
Amended Complaint and Brief (Dkt. No. 48). Toyota has now filed Objections (Dkt. No. 49).
After conducting a de novo review of the briefing on the Motion to Dismiss Plaintiff’s First
Amended Complaint and Brief, the Report and Recommendation, and Toyota’s Objections, the
Court agrees with the reasoning provided within the Report and Recommendation and concludes
that the Objections fail to show that the Report and Recommendation was erroneous.
Consequently, the Court OVERRULES Toyota’s Objections and ADOPTS the Report and
Recommendation and orders that the Motion to Dismiss Plaintiff’s First Amended Complaint and
Brief (Dkt. No. 25) is DENIED.

So Ordered this
Mar 30, 2021