Martinez v Foster, et al

Filing 49

ORDER ADOPTING REPORT AND RECOMMENDATION ON DEFENDANT DR. SHAH'S MOTION TO DISMISS OR, ALTERNATIVELY, PLEA IN ABATEMENT - DENYING 29 Motion to Dismiss filed by JAGDISH A. SHAH, 47 Report and Recommendations. Signed by Judge Richard A. Schell on 3/28/2014. (baf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
MARIA GUADALUPE MARTINEZ,
Individually, as a Legal Representative of the
Estate of DELFINO GARCIA, and Next
Friend of GEMMA GARCIA, a Minor,
GRETCHELL GARCIA, a Minor, DELFINO
GARCIA, JR., a Minor, and DELIA
MACEDO, Next Friend of EMELY
PARTICIA GARCIA, a Minor,
Plaintiffs,
v.
DONNIE FOSTER, COMMUNITY
EDUCATION CENTERS, INC., JAGDISH
A. SHAH, and JOHN DOES #1
THROUGH #35,
Defendants.

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Civil Action No. 4:13cv59

ORDER ADOPTING REPORT AND RECOMMENDATION
ON DEFENDANT DR. SHAH’S, MOTION TO DISMISS
OR, ALTERNATIVELY, PLEA IN ABATEMENT
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Don D. Bush. The Report of the Magistrate Judge, which contains proposed
findings of fact and recommendations for the disposition of Defendant Dr. Shah’s, Motion to
Dismiss, or Alternatively, Plea in Abatement (docket entry #29), 1 has been presented for
consideration, and no objections thereto having been timely filed, the Court is of the opinion that
the findings and conclusions of the Magistrate Judge are correct and adopts same as the findings

1

Dr. Shah also joined in Defendants Foster and Community Education Centers, Inc.’s, Motion to
Dismiss or, in the Alternative, Motion for More Definite Statement (docket entry #30).
1

and conclusions of the Court. It is therefore
ORDERED that Defendant Dr. Shah’s Motion to Dismiss, or Alternatively, Plea in
Abatement (docket entry #29) is hereby DENIED in favor of granting the concurrent Motion for
More Definite Statement that Defendant Dr. Shah joined and upon which the Court has separately
ruled.
.

SIGNED this the 28th day of March, 2014.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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