Frisco Medical Center, L.L.P. v. Bledsoe et al

Filing 90

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE GRANTING 74 Motion to Dismiss, filed by Frisco Medical Center LLP, 82 Report and Recommendations,,. Signed by Judge Ron Clark on 11/14/2012. (baf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
FRISCO MEDICAL CENTER, L.L.P.,
§
d/b/a/ BAYLOR MEDICAL CENTER AT §
FRISCO,
§
§
Plaintiff,
§
§
V.
§
§
CYNTHIA A. BLEDSOE, ET AL.,
§
§
Defendants.
§

CASE NO. 4:12cv37
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 October 4, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Plaintiff’s Federal Rule of Civil Procedure 12(b)(6)
Motion to Dismiss Cynthia A. Bledsoe’s, Michael R. Bledsoe’s and Alan R. Willis’ Counterclaims
for Attorneys’ Fees [Doc. 74] be granted.
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 Plaintiff’s Federal Rule of Civil Procedure 12(b)(6) Motion
to Dismiss Cynthia A. Bledsoe’s, Michael R. Bledsoe’s and Alan R. Willis’ Counterclaims for

1

Attorneys’ Fees [Doc. 74] is GRANTED. Defendants Cynthia A. Bledsoe’s, Michael R. Bledsoe’s
and Alan R. Willis’ counterclaim for attorneys' fees is DISMISSED without prejudice to Defendants
later seeking attorneys' fees if they prevail in this case.
So ORDERED and SIGNED this 14 day of November, 2012.

___________________________________
Ron Clark, United States District Judge

2