Cherry v. Columbia Medical Center of McKinney Subsidiary, L.P. et al

Filing 37

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 33 Report and Recommendations, DENYING 7 Motion to Dismiss, filed by Columbia North Texas Subsidiary GP, LLC, Columbia Medical Center of McKinney Subsidiary, L.P. Signed by Judge Michael H. Schneider on 8/11/2011. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION

WENDY CHERRY, Individually and as
Next Friend for EMMA CHERRY, a Minor

V.

COLUMBIA MEDICAL CENTER OF
McKINNEY SUBSIDIARY, L.P. and
COLUMBIA NORTH TEXAS
SUBSIDIARY GP, LLC

§
§
§
§
§
§
§
§
§
§
§
§

CASE NO. 4:11-CV-00053
(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 19, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants’ (1) Motion to Dismiss for Lack of Subject
Matter Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(b)(1); and (2) 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. #7) should be denied.
The Court, having made a de novo review of Defendants’ objections, 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.

Page 1 of 2

.
It is, therefore, ORDERED that Defendants’ (1) Motion to Dismiss for Lack of Subject
Matter Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(b)(1); and (2) 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. #7) are DENIED.
It is SO ORDERED.

SIGNED this 11th day of August, 2011.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

Page 2 of 2