Payton v. Nantucket Landing et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS: ORDERED that Defendant's Motion to Dismiss 8 is DENIED. It is further ORDERED that Plaintiff shall file an amended complaint no later than August 24, 2010. IT IS SO ORDERED. Signed by Judge Michael H. Schneider on 08/19/2010. (lhj, )

-ALM Payton v. Nantucket Landing et al

Doc. 20

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

GAYL PAYTON vs. NANTUCKET PARTNERS, L.P., and RICHMARK PROPERTIES, INC.

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Case No. 4:10-cv-00143 (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 August 3, 2010, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendants' Motion to Dismiss should be denied. The Court has made a de novo review of the objections raised by Defendants. One of Defendants' objections is that Plaintiff has not filed an amended complaint, as ordered by the Court. However, Plaintiff only received the Report and Recommendation on August 10, 2010, which would make the amended complaint due on August 24, 2010. Therefore, the Court 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 Defendants' Motion to Dismiss (Dkt. #8) is DENIED.

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It is further ORDERED that Plaintiff shall file an amended complaint no later than August 24, 2010. IT IS SO ORDERED. SIGNED this 19th day of August, 2010.

____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE

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