McCarty v. Sunrise Senior Living, Inc. et al

Filing 62

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 60 Report and Recommendations, DENYING 32 Motion for Summary Judgment filed by Sunrise Senior Living, Inc., Morsun Plano Senior Living, L.P. Signed by Judge Michael H. Schneider on 8/18/2011. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION

BEVERLY MCCARTY
v.

SUNRISE SENIOR LIVING
MANAGEMENT, INC. and MORSUN
PLANO SENIOR LIVING, L.P.

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Case No. 4:10-CV-392
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 July 29, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant Sunrise Senior Living, Inc. and Morsun Plano
Senior Living, L.P.’s Motion for Summary Judgment (Dkt. #32) should be denied.
The Court has made a de novo review of Defendants’ objections. Defendants object to
Plaintiff’s summary judgment evidence as follows: (1) the testimony by Plaintiff that Paul Beck told
her he warned management to turn off the sprinklers before the freeze, and (2) the testimony by
Plaintiff as to the source of the water in the flowerbed. Defendants correctly assert that the report
of the Magistrate Judge does not directly rule on the evidentiary objections raised by Defendants.
However, it is clear from a review of the opinion that the Magistrate Judge did not consider those
statements by Plaintiff in making his recommendation. 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.

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It is, therefore, ORDERED that Defendant Sunrise Senior Living, Inc. and Morsun Plano
Senior Living, L.P.’s Motion for Summary Judgment (Dkt. #32) is DENIED.
It is SO ORDERED.
SIGNED this 18th day of August, 2011.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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