Cone et al v. Sanitarios Lamosa S.A. DE C.V. et al

Filing 39

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE - DENYING 17 Motion to Strike, filed by Vortens, Inc., Porcelana Corona De Mexico, S.A. DE C.V., Sanitarios Lamosa S.A. DE C.V., DENYING AS MOOT 19 Mot ion to Strike, filed by Matthew Carreras, Amber Fessler, Kimberly Aftosmes, Sheila Sander, Kevin Reuss, Mark Fessler, Joanna Cone, Michael Aftosmes, Don Sander, Steven Cone, Andrew Hocker.. Signed by Judge Amos L. Mazzant, III on 10/10/2017. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

STEVEN CONE, ET AL.;

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Plaintiffs,
v.
SANITARIOS LAMOSA S.A. DE C.V., ET
AL.,
Defendants.

CIVIL ACTION NO. 4:17-CV-00001
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 22, 2017, the report of the Magistrate Judge (Dkt. #37) was entered containing
proposed findings of fact and recommendations that Defendants’ Motion to Strike Plaintiffs’ Class
Allegations from Plaintiffs’ First Amended Complaint (Dkt. #17) be denied, and Plaintiffs’ Motion
to Strike, or Alternatively Stay, Defendants’ Request to Strike Class Allegations from Amended
Complaint (Dkt. #19) be denied as moot.
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.
IT IS THEREFORE ORDERED that Defendants’ Motion to Strike Plaintiffs’ Class
Allegations from Plaintiffs’ First Amended Complaint (Dkt. #17) is DENIED, and Plaintiffs’

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Motion to Strike, or Alternatively Stay, Defendants’ Request to Strike Class Allegations from
Amended Complaint (Dkt. #19) is DENIED as moot.
It is SO ORDERED.
SIGNED this 10th day of October, 2017.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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