Quigley v. The Kroger Co et al

Filing 35

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE - GRANTING 33 Motion to Dismiss filed by Kroger Texas L.P.,, 34 Report and Recommendations. It is hereby ORDERED, ADJUDGED AND DECREED that this entire action, and all of the claims asserted therein, be DISMISSED WITH PREJUDICE. Each party shall bear its own costs. All relief not previously granted is hereby DENIED, and the Clerk is directed to CLOSE this civil action. Signed by Judge Amos L. Mazzant, III on 10/13/2017. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

SHEILA QUIGLEY,

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Plaintiff,
v.
THE KROGER CO. and SCHUR STAR
SYSTEMS, INC.,
Defendants.

Civil Action No. 4:16-cv-921
(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 September 20, 2017, the report of the Magistrate Judge (Dkt. #34) was entered containing
proposed findings of fact and recommendations that the parties’ Joint Motion to Dismiss (Dkt.
#33) should be granted. See Dkt. #34.
Having received the report of the United States Magistrate Judge, 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 the Magistrate Judge's report as the findings and
conclusions of the Court. All matters in controversy between Plaintiff Sheila Quigley (“Plaintiff”)
and Defendants Kroger Texas L.P. (improperly identified in the lawsuit as “The Kroger Co.”) and
Schur Star Systems Inc. (collectively, “Defendants”) have been fully and completely compromised
and settled and that Plaintiff no longer desires to pursue this cause or any claims against
Defendants.

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Accordingly, it is hereby ORDERED, ADJUDGED AND DECREED that this entire
action, and all of the claims asserted therein, be DISMISSED WITH PREJUDICE. Each party
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shall bear its own costs.
All relief not previously granted is hereby DENIED, and the Clerk is directed to CLOSE
this civil action.
It is SO ORDERED.
SIGNED this 13th day of October, 2017.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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