Dewvall v. Palio's Five Star, Inc.

Filing 28

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 Motion to Dismiss. Plaintiffs claims for assault and battery, negligence, and gross negligence (negligent supervision and retention) are dismissed with prejudice. Signed by Judge Amos L. Mazzant, III on 10/14/2015. (pad, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

STERLING PAIGE DEWVALL

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v.
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PALIO’S FIVE STAR, INC. D/B/A PALIO’S §
PIZZA CAFÉ
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CASE NO. 4:15-CV-156
(Judge Mazzant)

MEMORANDUM 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 Magistrate Judge pursuant to 28 U.S.C. § 636.
On September 21, 2015, the report of the Magistrate Judge was entered (Dkt. #26) containing
proposed findings of fact and recommendations that Defendant’s Motion to Dismiss Plaintiff’s
State Common Law Claims (Dkt. #8) 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 Defendant’s Motion to Dismiss Plaintiff’s State

. Common Law Claims (Dkt. #8) is GRANTED, and Plaintiff’s claims for assault and battery,
negligence, and gross negligence (negligent supervision and retention) are dismissed with
prejudice.
IT IS SO ORDERED.

SIGNED this 14th day of October, 2015.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE