Metzler v. XPO Logistics, Inc. et al

Filing 47

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 17 Motion to Dismiss, Motion to Strike filed by XPO Logistics, Inc., 45 Report and Recommendations. Defendants Rule 12(b) Motion to Dismiss Richard Metzlers Amended Complaint, Rule 12(f) Motion to Strike Jury Demand and Certain Allegations [Doc. #17] is GRANTED in part and Plaintiffs request for declaratory judgment is DISMISSED without prejudice. The remainder of the motion is DENIED. Signed by Judge Ron Clark on 11/22/13. (cm, )

**NOT FOR PRINTED PUBLICATION**
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
RICHARD METZLER,
Plaintiff,
V.
XPO LOGISTICS, INC. and
BRADLEY S. JACOBS,
Defendants.

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CASE NO. 4:13cv278
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 18, 2013, the report of the Magistrate Judge was entered containing
proposed findings of fact and recommendations that Defendant’s Rule 12(b) Motion to Dismiss
Richard Metzler’s Amended Complaint, Rule 12(f) Motion to Strike Jury Demand and Certain
Allegations [Doc. #17] 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.

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It is, therefore, ORDERED that Defendant’s Rule 12(b) Motion to Dismiss Richard
Metzler’s Amended Complaint, Rule 12(f) Motion to Strike Jury Demand and Certain
Allegations [Doc. #17] is GRANTED in part and Plaintiff’s request for declaratory judgment is
DISMISSED without prejudice. The remainder of the motion is DENIED.
So ORDERED and SIGNED this 22 day of November, 2013.

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Ron Clark, United States District Judge

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