Glasscock v. Cottonwood Financial, LTD et al

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 6 Motion to Dismiss/Lack of Jurisdiction, Motion to Strike filed by Elysia Glasscock, 9 Motion to Dismiss, 36 Report and Recommendations, 14 Motion to Dismiss, filed by Elysia Glasscock. Defendant s Motion to Dismiss and Compel Arbitration(Dkt. #9) is GRANTED, Plaintiffs Motion to Dismiss and/or Strike Defendants Counterclaim (Dkt. #6) is denied as moot, and Plaintiffs Motion to Dismiss and/or Strike Defendants Amended Counterclaim (Dkt. #14) is denied as moot.The Court further ORDERS that Plaintiffs claims and Defendants counterclaim are DISMISSED without prejudice, and the parties shall proceed to arbitration. Signed by Judge Michael H. Schneider on 10/12/11. (cm, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION

ELYSIA GLASSCOCK

§
§
v.
§
§
COTTONWOOD FINANCIAL, LTD.,
§
COTTONWOOD FINANCIAL
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MANAGEMENT, INC.,
§
COTTONWOOD FINANCIAL TEXAS, L.P., §
and COTTONWOOD FINANCIAL TEXAS §
MANAGEMENT
§

Case No. 4:11-CV- 210
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 September 6, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants’ Motion to Dismiss and Compel Arbitration
(Dkt. #9) be granted, Plaintiff’s Motion to Dismiss and/or Strike Defendants’ Counterclaim (Dkt.
#6) be dismissed as moot, and Plaintiff’s Motion to Dismiss and/or Strike Defendants’ Amended
Counterclaim (Dkt. #14) be dismissed as moot.
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.
It is, therefore, ORDERED that Defendants’ Motion to Dismiss and Compel Arbitration
(Dkt. #9) is GRANTED, Plaintiff’s Motion to Dismiss and/or Strike Defendants’ Counterclaim
(Dkt. #6) is denied as moot, and Plaintiff’s Motion to Dismiss and/or Strike Defendants’ Amended

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.

Counterclaim (Dkt. #14) is denied as moot.
The Court further ORDERS that Plaintiff’s claims and Defendant’s counterclaim are
DISMISSED without prejudice, and the parties shall proceed to arbitration.
It is SO ORDERED.
SIGNED this 12th day of October, 2011.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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