Prendergast et al. v. Wylie Independent School District

Filing 47

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE - DENYING 33 Motion to Dismiss filed by Wylie Independent School District, RE 46 Report and Recommendations. Signed by District Judge Amos L. Mazzant, III on 12/20/2018. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

TIM AND ROBYN PRENDERGAST, as
next friends of L.P.,
Plaintiffs,
v.

WYLIE INDEPENDENT SCHOOL
DISTRICT,
Defendant.

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ACTION NO. 4:18-CV-20
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 December 4, 2018, the Magistrate Judge entered proposed findings of fact and
recommendations (Dkt. #46) that Defendant Wylie Independent School District’s (“Defendant”)
Motion to Dismiss Plaintiff’s Second Amended Complaint (Dkt. #33) 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. Therefore, Defendant’s Motion to Dismiss Plaintiff’s Second Amended
Complaint (Dkt. #33) is DENIED.
IT IS SO ORDERED.
SIGNED this 20th day of December, 2018.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE