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

Filing 63

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND ORDER OF PARTIAL DISMISSAL. The Joint Motion (Dkt. #56) is GRANTED, and the individual claims asserted by Plaintiffs Steven Cone, Joanna Cone, Michael Aftosmes, and Kimberly Aftosmes are hereby DISMISSED WITH PREJUDICE, with each party to bear its own costs. The claims of the remaining plaintiffs, including those alleged to be similarly situated, remain pending at this time. Signed by District Judge Amos L. Mazzant, III on 12/29/2017. (rpc, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

STEVEN CONE, ET AL.,
Plaintifs,
v.
VORTENS, INC., SANITARIOS LAMOSA
S.A. DE C.V., and PORCELANA CORONA
DE MEXICO, SA. DE C.V.,
Defendants.

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Civil Action No. 4:17-cv-001
(Judge Mazzant/Judge Johnson)

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE AND ORDER OF PARTIAL DISMISSAL
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 December 11, 2017, the report of the Magistrate Judge (Dkt. #58) was entered containing
proposed findings of fact and recommendations that the individual claims asserted by Plaintiffs
Steven Cone, Joanna Cone, Michael Aftosmes, and Kimberly Aftosmes should be dismissed
pursuant to the Joint Motion for Order of Partial Dismissal with Prejudice Pursuant to Private
Agreement (the “Joint Motion”) (Dkt. #56) filed by the above-referenced Plaintiffs and Defendant
Porcelana Corona de Mexico, S.A. de C.V. f/k/a Sanitarios Lamosa S.A. de C.V. a/k/a Vortens’
(“Defendant”). The remaining plaintiffs agree to the dismissal of these plaintiffs. See Dkt. #56.
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.

Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED that the Joint
Motion (Dkt. #56) is GRANTED, and the individual claims asserted by Plaintiffs Steven Cone,
.

Joanna Cone, Michael Aftosmes, and Kimberly Aftosmes are hereby DISMISSED WITH
PREJUDICE, with each party to bear its own costs. The claims of the remaining plaintiffs,
including those alleged to be similarly situated, remain pending at this time.
IT IS SO ORDERED.
SIGNED this 29th day of December, 2017.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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