Malone v. TD Ameritrade, Inc. et al

Filing 71

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 61 Motion for Partial Summary Judgment filed by Michael F Malone, 70 Report and Recommendations, 58 Motion for Summary Judgment, filed by TD Ameritrade, Inc., TD Ameritrade Clearing, Inc.. Defendants Motion for Summary Judgment (Dkt. #58) is GRANTED, Plaintiffs Cross Motion for Partial Summary Judgment (Dkt. #61) is DENIED, and Plaintiffs claims are DISMISSED with prejudice. All relief not previously granted is DENIED. Signed by Judge Amos L. Mazzant, III on 8/8/17. (cm, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

MICHAEL F MALONE, INDIVIDUALLY
AND ON BEHALF OF ALL OTHERS
SIMILARLY SITUATED.;

v.
TD AMERITRADE, INC. AND TD
AMERITRADE CLEARING, INC.,

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Civil Action No. 4:16-CV-00614
(Judge Mazzant/Judge Johnson)

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF 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 July 18, 2017, the report of the Magistrate Judge (Dkt. #70) was entered containing proposed
findings of fact and recommendations that Defendants’ Motion for Summary Judgment (Dkt. #58)
be granted, and Plaintiff’s Cross Motion for Partial Summary Judgment (Dkt. #61) be denied.
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 Defendants’ Motion for Summary Judgment (Dkt. #58) is
GRANTED, Plaintiff’s Cross Motion for Partial Summary Judgment (Dkt. #61) is DENIED, and
Plaintiff’s claims are DISMISSED with prejudice.
All relief not previously granted is DENIED.

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IT IS SO ORDERED.
SIGNED this 8th day of August, 2017.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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