North Central Texas College v. Crandall Design Group et al

Filing 166

MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE granting in part and denying in part 141 Motion to Dismiss. Signed by Judge Michael H. Schneider on 1/27/2012. (pad, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION

NORTH CENTRAL TEXAS COLLEGE
v.
CRANDALL DESIGN GROUP, ET. AL.

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Case No. 4:10-CV-00037
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 January 6, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Third-Party Defendant G & A Consultants’ Rule 12(b)(6)
Motion to Dismiss (Dkt. No. 141) be granted in part and denied in part.
The Court, having made a de novo review of the objections raised by Third-Party Defendant
G & A Consultants, Inc., 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 G & A Consultants’ Motion to Dismiss for failure to state
a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6) (Dkt.
No. 141) is GRANTED in part and DENIED in part.
Crandall’s contractual comparative causation claim is dismissed. Crandall’s negligence and

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breach of contract claims shall remain.
It is SO ORDERED.

SIGNED this 27th day of January, 2012.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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