Welch v. Jannereth et al

Filing 84

MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE. Signed by Judge Richard A. Schell on 8/30/2011. (pad, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
AMY WELCH
Plaintiff,
VS.
KENNETH DALE JANNERETH, LYNN
DALE STUCKY, LORI ANN STUCKY,
ANIMAL HOSPITAL ON MILAM
ROAD, P.C., D.V.M. and ANIMAL
HOSPITAL ON MILAM ROAD EAST,
L.P., D.V.M.
Defendants.

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Case No. 4:10cv365

MEMORANDUM ORDER 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 July 20, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant Kenneth Dale Jannereth’s Motion for
Summary Judgement (Dkt. 24) and Defendants Lynn Dale Stucky, Lori Ann Stucky, Animal
Hospitals on Milam Road P.C. D.V.M. and L.P. D.V.M.’s Motion for Summary Judgment (Dkt. 57)
be GRANTED as to all federal claims and DENIED as to the state claims and that all state claims
be remanded back to the 393rd Judicial District Court for Denton County, Texas.

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The court, having made a de novo review of the objections raised by the parties, 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.
Defendant Kenneth Dale Jannereth’s Motion for Summary Judgment (Dkt. 24) and
Defendants Lynn Dale Stucky, Lori Ann Stucky, Animal Hospitals on Milam Road P.C. D.V.M. and
L.P. D.V.M.’s Motion for Summary Judgment (Dkt. 57) are GRANTED as to all federal claims and
DENIED as to the state claims. All state claims will be remanded back to the 393rd Judicial
District Court for Denton County, Texas.
IT IS SO ORDERED.
.

SIGNED this the 30th day of August, 2011.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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