Dooling v. Bank of the West et al

Filing 84

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 75 Report and Recommendations, DENYING 58 Motion for Summary Judgment filed by Bank of the West, GSB Mortgage, Inc., Bank Of The West. Plaintiffs FMLA claims shall be presented to the jury for resolution, but Plaintiff will not be permitted to submit the theory of joint employment to the jury for consideration. Signed by Judge Richard A. Schell on 9/30/13. (cm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
SUSAN DOOLING, on behalf of herself
and all others similarly situated,

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Plaintiffs,
v.
BANK OF THE WEST, and
GSB MORTGAGE, INC.,
Defendants.

No. 4:11-cv-00576

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 17, 2013, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants’ Motion for Summary Judgment as to All of
Plaintiff’s Remaining Family and Medical Leave Act Claims (Dkt. 58) be DENIED and that
Plaintiff’s FMLA claims be presented to the jury for resolution but that Plaintiff not be permitted to
submit the theory of joint employment to the jury for consideration.
The court has made a de novo review of the objections raised by Defendants, as well as
Plaintiff’s response, and is of the opinion that the findings and conclusions of the Magistrate Judge
are correct and the objections are without merit as to the ultimate findings of the Magistrate Judge.
The court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and
conclusions of this court.

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Therefore, Defendants’ Motion for Summary Judgment as to All of Plaintiff’s Remaining
Family and Medical Leave Act Claims (Dkt. 58) is DENIED. Plaintiff’s FMLA claims shall be
presented to the jury for resolution, but Plaintiff will not be permitted to submit the theory of joint
employment to the jury for consideration.
IT IS SO ORDERED.

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SIGNED this the 30th day of September, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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