Clauer et al v. Heritage Lakes Homeowners Association, Inc. et al

Filing 68

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 62 Report and Recommendations, 45 Motion to Dismiss filed by Heritage Lakes Homeowners Association, Inc.. Defendant Heritage Lakes Homeowners Association, Inc.sRule 12(b)(6) Motion to Dismiss for Failure to State a Claim (Dkt. #45) is DENIED. Signed by Judge Michael H. Schneider on 6/16/10. (cm, )

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United States District Court E A S T E R N DISTRICT OF TEXAS S H E R M A N DIVISION MICHAEL CLAUER and MAFLORENCE CLAUER vs. HERITAGE LAKES HOMEOWNERS ASSOCIATION, INC., MARK C. DISANTI, STEEPLECHASE PRODUCTIONS, L.L.C., JAD I. ABOUL-JIBIN Case No. 4:09-cv-560 (Judge Schneider/Judge Mazzant) 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 June 3, 2010, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendant Heritage Lakes Homeowners Association, Inc.'s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim be denied. The Court, having made a de novo review of the objections raised by Defendant, is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the objections are . without merit. Therefore, the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of this Court. It is, therefore, ORDERED that Defendant Heritage Lakes Homeowners Association, Inc.'s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (Dkt. #45) is DENIED. IT IS SO ORDERED. SIGNED this 16th day of June, 2010. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE

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