Ruelas v. Wal-Mart in its Assumed or Common Name et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE denying 5 Motion to Remand to State Court filed by Adelaida Ruelas. Ordered that Tom Barela be dismissed as improperly joined. Signed by Judge Richard A. Schell on 3/7/2013. (pad, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
ADELAIDA RUELAS,
Plaintiff,
V.
WAL-MART IN ITS ASSUMED NAME
OR COMMON NAME INCLUDING
WAL-MART STORES TEXAS, L.P.,
WAL-MART STORES INC., and
WAL-MART STORES TEXAS, LLC
Defendants.

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CASE NO. 4:12cv729
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 January 30, 2013, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Plaintiff’s Motion to Remand [Doc. #5] be denied, and
that Tom Barela be dismissed as improperly joined.
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 Motion to Remand [Doc. #5] is DENIED.

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It is further ORDERED that Tom Barela is DISMISSED with prejudice as improperly joined.

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So ORDERED and SIGNED on March _____, 2013.

________________________________________
Ron Clark
United States District Judge

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