Amidon v. Longmeadow Healthcare Center et al

Filing 33

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 28 Report and Recommendations, GRANTING 23 Motion to Dismiss/Lack of Jurisdiction, filed by Fundamental Long Term Care Holdings LLC, GRANTING 19 Motion to D ismiss/Lack of Jurisdiction, filed by Leonard Grunstein, GRANTING 18 Motion to Dismiss/Lack of Jurisdiction, filed by Murray Forman. Defendants Murray Forman, Leonard Grunstein, and Fundamental Long Term Care Holdings, LLC are DISMISSED from this case for lack of jurisdiction. Signed by Judge Michael H. Schneider on 11/10/2008. (baf, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION HERMAN L. AMIDON, individually and as representative of the Estate of Burnice C. Amidon, Plaintiff § § § § § § § § § § § § § § § §

v. LONGMEADOW HEALTHCARE CENTER, THI OF TEXAS AT LONGMEADOW, L.L.C., THI OF BALTIMORE, INC., FUNDAMENTAL LONG TERM CARE HOLDINGS, L.L.C., LEONARD GRUNSTEIN, and MURRAY FORMAN, Defendants.

CASE NO. 4:08cv183

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 17, 2008, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendant Murray Forman's Motion to Dismiss for Lack of Personal Jurisdiction (Dkt. 18), Defendant Leonard Grunstein's Motion to Dismiss for Lack of Personal Jurisdiction (Dkt. 19), and Defendant Fundamental Long Term Care Holdings, L.L.C.'s Motion to Dismiss for Lack of Personal Jurisdiction (Dkt. 23) be GRANTED, and that Defendants Murray Forman, Leonard Grunstein, and Fundamental Long Term Care Holdings, L.L.C. be dismissed from this case for lack of jurisdiction. 1

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 of the Court. Therefore, Defendant Murray Forman's Motion to Dismiss for Lack of Personal Jurisdiction (Dkt. 18), Defendant Leonard Grunstein's Motion to Dismiss for Lack of Personal . Jurisdiction (Dkt. 19), and Defendant Fundamental Long Term Care Holdings, L.L.C.'s Motion to Dismiss for Lack of Personal Jurisdiction (Dkt. 23) are GRANTED, and Defendants Murray Forman, Leonard Grunstein, and Fundamental Long Term Care Holdings, L.L.C. are dismissed from this case for lack of jurisdiction. IT IS SO ORDERED. SIGNED this 10th day of November, 2008.

____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE

2