Hernandez v. Wood/Chuck Chipper Corporation et al

Filing 53

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 52 Report and Recommendations, GRANTING IN PART AND DENYING IN PART 32 Motion to Dismiss filed by Altec Environmental Products LLC. Signed by Judge Ron Clark on 5/18/2012. (baf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
RENE TINOCO HERNANDEZ,

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Plaintiff,
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V.
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WOOD/CHUCK CHIPPER CORPORATION, §
ET AL.
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Defendants.
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CASE NO. 4:11-CV-597
Judge Clark/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 April 13, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendants Wood/Chuck Chipper Corporation, Altec
Environmental Products, LLC, and Altec, Inc.’s Motion to Dismiss Under Federal Rule 12(b)(6)
[Doc. #32] be granted in part and denied in part.
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 Wood/Chuck Chipper Corporation, Altec
Environmental Products, LLC, and Altec, Inc.’s Motion to Dismiss Under Federal Rule 12(b)(6)[
Doc. #32] is GRANTED in part and DENIED in part. Plaintiff’s second cause of action,
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“Product Liability - Manufacturing Defects,” and fourth cause of action, “Product Liability Continuing Duty to Warn,” are DISMISSED.
So ORDERED and SIGNED this 18 day of May, 2012.

So ORDERED and SIGNED this 18 day of May, 2012.

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Ron Clark, United States District Judge

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Ron Clark, United States District Judge

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