Darden v. Mario Sinacola & Sons Exacavting, Inc.

Filing 16

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 15 Order, Report and Recommendations, GRANTING IN PART AND DENYING IN PART 4 Motion to Dismiss filed by Mario Sinacola & Sons Exacavting, Inc. The Court find s Defendant Mario Sinacole & Sons Excavating, Inc.'s Partial Motion to Dismiss (Dkt. 4 ) is GRANTED as to Plaintiff's claims for defamation and injunctive relief and DENIED as to Plaintiff's claim for wrongful termination. Signed by Judge Amos L. Mazzant, III on 10/13/2017. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

E. LOUIS DARDEN,

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Plaintiff,
v.
MARIO SINACOLA & SONS
EXACAVTING, INC.,
Defendant.

CIVIL ACTION NO. 4:17-CV-00389
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. #15) was entered
containing proposed findings of fact and recommendations that Defendant Mario Sinacole &
Sons Excavating, Inc.’s Partial Motion to Dismiss (Dkt. #4) should be granted in part and denied
in part. The Court recommended that Defendant’s motion to dismiss Plaintiff’s claims for
defamation and injunctive relief be granted, and Defendant’s motion to dismiss Plaintiff’s claim
for wrongful termination be denied. See Dkt. #15.
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. Therefore, the Court finds Defendant Mario Sinacole & Sons
Excavating, Inc.’s Partial Motion to Dismiss (Dkt. #4) is GRANTED as to Plaintiff’s claims

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for defamation and injunctive relief and DENIED as to Plaintiff’s claim for wrongful
termination.
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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