Weyend v. Hubman Foundation the et al

Filing 80

MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS for 78 Report and Recommendations, DENYING 62 Motion for Miscellaneous Relief, Motion for Judgment on the Pleadings filed by Tim Hubman, DENYING 72 Motion for Entry of Judgment under Rule 54(b), Motion for Entry of Judgment under Rule 54(b) filed by Chapman Group II LLC The. Signed by Judge Michael H. Schneider on 11/10/2008. (baf, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION RICHARD W. WEYAND, Plaintiff, v. THE HUBMAN FOUNDATION, TIM HUBMAN, INDIVIDUALLY GREAT EASTERN SECURITIES, INC., PENSON FINANCIAL SERVICES, INC, and NAPIS, INC., Defendants. § § § § § § § § § § § § § CASE NO. 4:06cv343 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On October 2, 2008, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendants' Motion to Enter Judgment and to Find Facts and State Conclusions of Law (Dkt. 62) and Intervenor Chapman Group II LLC and Defendants' Joint Motion to Find Facts and State Conclusions of Law and to Enter Partial Judgment (Dkt. 72) be DENIED. Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, this Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions 1 . of the Court. Therefore, Defendants' Motion to Enter Judgment and to Find Facts and State Conclusions of Law (Dkt. 62) and Intervenor Chapman Group II LLC and Defendants' Joint Motion to Find Facts and State Conclusions of Law and to Enter Partial Judgment (Dkt. 72) are DENIED. IT IS SO ORDERED. SIGNED this 10th day of November, 2008. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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