Kagarice v. University of North Texas

Filing 29

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITES STATES MAGISTRATE JUDGE - GRANTING IN PART AND DENYING IN PART 17 Motion to Dismiss filed by Neal Smatresk, James C. Scott, University of North Texas, re 25 Report and Recommendations . Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED that Defendant University of North Texas is DISMISSED from this action. The Clerk is directed to remove Defendant University of North Texas from this civil action. IT IS FURTHER ORDERED that Plaintiff's First Amended Complaint (Dkt. #28) is deemed filed and the live pleading in this action. Signed by District Judge Amos L. Mazzant, III on 4/4/2018. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

JANET KAGARICE,
Plaintiff,
v.
UNIVERSITY OF NORTH TEXAS, NEAL
SMATRESK, and JAMES C. SCOTT,
Defendants.

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CIVIL ACTION NO. 4:17-CV-509
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 February 9, 2018, the report of the Magistrate Judge (Dkt. #25) was entered containing
proposed findings of fact and recommendations that Defendants’ Amended Motion to Dismiss
(Dkt. #17) should be GRANTED IN PART and DENIED IN PART.
On February 15, 2018, Defendants filed objections to the Report (see Dkt. #26); Plaintiff
filed a response to those objections (see Dkt. #27). The Court has made a de novo review of the
objections and is of the opinion that the findings and conclusions of the Magistrate Judge are
correct and the objections are without merit as to the ultimate findings of the Magistrate Judge.
The Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and
conclusions of the Court. Therefore, Defendants’ Amended Motion to Dismiss (Dkt. #17) is
GRANTED IN PART and DENIED IN PART.

Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED that Defendant

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University of North Texas is DISMISSED from this action.
The Clerk is directed to remove Defendant University of North Texas from this civil action.
IT IS FURTHER ORDERED that Plaintiff’s First Amended Complaint (Dkt. #28) is
deemed filed and the live pleading in this action.

SIGNED this 4th day of March, 2018.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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