Williams v. Tyson Foods, Inc.

Filing 27

MEMORANDUM ADOPTING 26 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. IT IS THEREFORE ORDERED that Plaintiff's Motion to Dismiss (Dkt. # 22 ) and Plaintiff's Agreed Amended Motion to Dismiss Without Prejudice (Dkt. # 25 ) are DENIED WITHOUT PREJUDICE. Signed by District Judge Amos L. Mazzant, III on 3/15/2019. (rpc, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

CORY L. WILLIAMS,
Plaintiff,
v.
TYSON FOODS, INC.,
Defendant.

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Case No. 4:18-cv-181-ALM-KPJ

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 13, 2019, the report of the Magistrate Judge (the “Report”) (Dkt. #26) was
entered containing proposed findings of fact and recommendations that Plaintiff’s Motion to
Dismiss (Dkt. #22) and Plaintiff’s Agreed Amended Motion to Dismiss Without Prejudice (Dkt.
#25) should be denied without prejudice. As explained in the Report, dismissal of this matter is
improper until Plaintiff’s successor or representative has been identified and served the
Suggestion of Death, or, if Plaintiff’s Counsel is unable to identify a successor or representative,
he must show that he made good faith efforts to do so, in accordance with Federal and Texas
Rules of Civil Procedures.
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.

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IT IS THEREFORE ORDERED that Plaintiff’s Motion to Dismiss (Dkt. #22)
and Plaintiff’s Agreed Amended Motion to Dismiss Without Prejudice (Dkt. #25) are
DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED.
SIGNED this 15th day of March, 2019.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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