Wuenschel v. STERIS Corporation

Filing 19

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 17 Report and Recommendations. It is ORDERED that 12 Motion to Dismiss Defendant's Counterclaim filed by David Wuenschel is DENIED. Signed by Judge Michael H. Schneider on 3/22/2010. (baf, )

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

DAVID WUENSCHEL

V. STERIS CORPORATION

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CASE NO. 4:10-cv-7 (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 March 16, 2010, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Plaintiff's Rule 12(b)(6) Motion to Dismiss Defendant's Counterclaim be denied. The Court, having made a de novo review of the objections raised by Plaintiff, is of the opi.nion 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 Plaintiff's Rule 12(b)(6) Motion to Dismiss Defendant's Counterclaim (Dkt. #12) is DENIED. IT IS SO ORDERED. SIGNED this 22nd day of March, 2010.

____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE