Kearins et al v. The Village Creek of Eldorado Home Owners' Association, Inc. et al

Filing 13

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 10 Report and Recommendations. It is hereby ORDERED, ADJUDGED, AND DECREED that Plaintiff James Kappele is DISMISSED from this lawsuit, with costs taxed again st the party incurring the same. The claims asserted by Plaintiffs Fran Kearins, James Kearins, and Kearins House Sober Living No. 1 LLC d/b/a Elevated Living remain pending at this time. Signed by District Judge Amos L. Mazzant, III on 6/18/2018. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

FRAN KEARINS, ET AL.,,
Plaintiffs,
v.
THE VILLAGE CREEK OF ELDORADO
HOME OWNERS’ ASSOCIATION, INC., ET
AL.,
Defendants.

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CIVIL ACTION NO. 4:17-CV-769

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 May 30, 2018, the report of the Magistrate Judge (Dkt. #10) was
entered containing proposed findings of fact and recommendations that Plaintiff James
Kappele be dismissed from this action based upon the parties’ Stipulation of Dismissal. See
id.
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
Plaintiff James Kappele is DISMISSED from this lawsuit, with costs taxed against the party
incurring the same.

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The claims asserted by Plaintiffs Fran Kearins, James Kearins, and Kearins House
Sober Living No. 1 LLC d/b/a Elevated Living remain pending at this time.
IT IS SO ORDERED.

SIGNED this 18th day of June, 2018.

___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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