Hull et al v. Ness et al

Filing 37

MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE GRANTING 24 Motion to Dismiss filed by Parkview South, L.L.C., PVP, LLC, DENYING AS MOOT 25 Motion for Sanctions filed by Parkview South, L.L.C., PVP, LLC, DENYI NG AS MOOT 31 Motion for Summary Judgment filed by Parkview South, L.L.C., PVP, LLC, 34 Report and Recommendations. the claims in this matter against defendants PVP, LLC and Parkview South, LLC shall be DISMISSED FOR FAILURE TO STATE A CLAIM. Signed by Judge Richard A. Schell on 6/28/2011. (baf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
BRYAN HULL, and
THE CLAY COMPANY INCORPORATED
Plaintiffs,
vs.
STEVEN NESS, TRANSGLOBAL
DEVELOPMENT LLC, LAKEVIEW DOWNS
EQUESTRIAN, LP, LAKEVIEW
DEVELOPMENT, LLC, PARKVIEW SOUTH
L.L.C., PVP LLC, PHIL SHIRREFFS, and
ACTUATOR ASSOCIATES INCORPORATED,
Defendants.

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Case No. 4:10-cv-153

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 May 19, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants PVP, LLC’s and Parkview South, LLC’s
Motion to Dismiss (Dkt. 24) should be GRANTED, that Defendants PVP, LLC and Parkview South,
LLC’s Motion for Sanctions (Dkt. 25) and for Summary Judgment (Dkt. 31) should be DENIED as
MOOT, and that the claims in this matter against Defendants PVP, LLC and Parkview South, LLC
should be dismissed for failure to state a claim.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, this court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions
of the court. Therefore, Defendants PVP, LLC’s and Parkview South, LLC’s Motion to Dismiss

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(Dkt. 24) is GRANTED, Defendants PVP, LLC and Parkview South, LLC’s Motion for Sanctions
(Dkt. 25) and for Summary Judgment (Dkt. 31) are DENIED as MOOT, and the claims in this matter
against Defendants PVP, LLC and Parkview South, LLC shall be dismissed for failure to state a
claim.
IT IS SO ORDERED.

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SIGNED this the 28th day of June, 2011.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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