Bond Street Ltd, LLC. v. Liess et al

Filing 103

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 54 Motion for Miscellaneous Relief filed by Michael Liess, 60 Report and Recommendations. Defendant Michael Liesss Motion for Entry of Final Judgment is GRANTED in part and DENIED in part. It is f urther ORDERED that Plaintiffs claims for fraud, fraudulent inducement, and negligent misrepresentation are DISMISSED. The parties shall proceed to trial on Plaintiffs remaining claims, which are for breach of fiduciary duty and breach of the duty of good faith and fairdealing. Signed by Judge Ron Clark on 9/19/14. (cm, )

**NOT FOR PRINTED PUBLICATION**
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
BOND STREET LTD, LLC,
Plaintiff,
V.
MICHAEL LIESS,
Defendant.

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CASE NO. 4:12cv755
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 August 21, 2014, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant Michael Liess’s Motion for Entry of Final
Judgment [Doc. #54] 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 Defendant Michael Liess’s Motion for Entry of Final
Judgment [Doc. #54] is GRANTED in part and DENIED in part.

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It is further ORDERED that Plaintiff’s claims for fraud, fraudulent inducement, and
negligent misrepresentation are DISMISSED.

The parties shall proceed to trial on Plaintiff’s

remaining claims, which are for breach of fiduciary duty and breach of the duty of good faith and fair
dealing.
So ORDERED and SIGNED this 19 day of September, 2014.

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Ron Clark, United States District Judge

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