Fountainhead Management, Inc. v. Roberts

Filing 16

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 11 Report and Recommendation. Therefore, Plaintiff Fountainhead Management, Inc.'s Motion to Remand and for Sanctions (Dkt. 8) is GRANTED as to the motion for remand and DENIED as to the motion for sanctions and fees, and this matter shall be remanded to the County Court at Law of Cooke County, Texas. Signed by Judge Richard A. Schell on 3/20/2012. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
FOUNTAINHEAD MANAGEMENT, INC. §
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Plaintiff,
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VS.
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SEAN ROBERTS
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Defendant.
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Case No. 4:11CV623

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 October 26, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Plaintiff Fountainhead Management, Inc.’s Motion to
Remand and for Sanctions (Dkt. 8) be GRANTED as to the motion for remand and DENIED as to
the motion for sanctions and fees, and that this matter be remanded to the County Court at Law of
Cooke County, Texas.
The court has made a de novo review of the objections raised by Defendant 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, Plaintiff Fountainhead Management, Inc.’s Motion to Remand and for Sanctions
(Dkt. 8) is GRANTED as to the motion for remand and DENIED as to the motion for sanctions and
fees, and this matter shall be remanded to the County Court at Law of Cooke County, Texas.
IT IS SO ORDERED.

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SIGNED this the 20th day of March, 2012.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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