Basaldua v. American Fidelity Assurance Company

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 34 Report and Recommendations, 29 Motion to Dismiss, filed by American Fidelity Assurance Company. Defendants Amended Motion to Dismiss [Doc. #29] is DENIED. Signed by Judge Ron Clark on 4/4/13. (cm, )

**NOT FOR PRINTED PUBLICATION**
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
MITCHELL C. BASALDUA,
Plaintiff,
V.
AMERICAN FIDELITY ASSURANCE
COMPANY,
Defendant.

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CASE NO. 4:11cv664
Judge Clark/Judge Mazzant

ORDER 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 March 5, 2013, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant’s Amended Motion to Dismiss [Doc. #29] be
denied.
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 Defendant’s Amended Motion to Dismiss [Doc. #29] is
DENIED.

So ORDERED and SIGNED this 4 day of April, 2013.

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Ron Clark, United States District Judge