Winegarner v. Cinemark Holdings, Inc. et al

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 10 Motion to Dismiss, Motion for More Definite Statement filed by Cinemark Holdings, Inc., 23 Motion to Dismiss, filed by Lewisville TX Police Department, Ryan Maly, City of Lewisville, TX are DENIED. IT IS SO ORDERED. Signed by Judge Michael H. Schneider on 07/21/2010. (lhj, )

Winegarner v. Cinemark Holdings, Inc. et al

Doc. 43

United States District Court
E A S T E R N DISTRICT OF TEXAS S H E R M A N DIVISION

PETER DAVID WINEGARNER V. CINEMARK HOLDINGS, INC., ET AL.

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CASE NO. 4:09cv627 (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 30, 2010, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Cinemark Holdings, Inc.'s Motion to Dismiss and, alternatively, Motion for More Definite Statement (Dkt. #10), City of Lewisville, Texas, City of Lewisville Police Department, City of Lewisville Police Chief Russ Kerbow, and City of Lewisville Police Detective Ryan Maly's Motion to Dismiss for Insufficiency of Service of Process (Dkt. #23), and Cinemark Holdings, Inc.'s Supplemental Filing Regarding Pending Motion to Dismiss/Motion for More Definite Statement (Dkt. #28) be DENIED and that Plaintiff shall request new summonses be issued and complete service on or before July 30, 2010. The Court, having made a de novo review of the objections raised by Plaintiff, 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.

Dockets.Justia.com

It is, therefore, ORDERED that Cinemark Holdings, Inc.'s Motion to Dismiss and,

. alternatively, Motion for More Definite Statement (Dkt. #10), City of Lewisville, Texas, City of
Lewisville Police Department, City of Lewisville Police Chief Russ Kerbow, and City of Lewisville Police Detective Ryan Maly's Motion to Dismiss for Insufficiency of Service of Process (Dkt. #23), and Cinemark Holdings, Inc.'s Supplemental Filing Regarding Pending Motion to Dismiss/Motion for More Definite Statement (Dkt. #28) are DENIED. IT IS SO ORDERED.

SIGNED this 21st day of July, 2010.

____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE

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