Cunningham v. CBC Conglomerate LLC et al

Filing 151

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. ORDERED that Defendants' Motion for Partial Summary Judgment (Dkt. # 123 ) is GRANTED IN PART. Plaintiff's Partial Motion for Summary Judgment (Dkt. # 125 ) is DENIED. Signed by District Judge Amos L. Mazzant, III on 1/7/2020. (daj, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

CRAIG CUNNINGHAM
v.
CBC CONGLOMERATE LLC, ET AL.

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Civil Action No. 4:17-CV-793
(Judge Mazzant/Judge Nowak)

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 December 4, 2019, the report of the Magistrate Judge (Dkt. #144) was entered containing
proposed findings of fact and recommendations that Defendants’ Motion for Partial
Summary Judgment (Dkt. #123) be granted in part and denied in part, and Plaintiff’s Partial
Motion for Summary Judgment (Dkt. #125) be denied.
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 for Partial Summary Judgment
(Dkt. #123) is GRANTED IN PART; Defendants are entitled to summary judgment on Plaintiff’s
claims asserted pursuant to 47 U.S.C. § 227(b) and Texas Business and Commerce Code § 305.053
for those calls that occurred on October 12, 2017, October 13, 2017, and October 23, 2017. All
.

other and/or further relief requested in Defendants’ Motion for Partial Summary Judgment
(Dkt. #123) is DENIED.

Plaintiff’s Partial Motion for Summary Judgment (Dkt. #125) is

DENIED.
IT IS SO ORDERED.
SIGNED this 7th day of January, 2020.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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