Cunningham v. Politi et al

Filing 89

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 83 Report and Recommendations. ORDERED that Katherine Brewer and Bryan Brewer's Motion to Dismiss Plaintiff's Amended Complaint (Dkt. # 52 ) is GRANT ED IN PART AND DENIED IN PART. Plaintiff's claims under section 227(c) of the TCPA, and for invasion of privacy, extortion, and intentional infliction of emotion distress are hereby DISMISSED WITH PREJUDICE. Plaintiff's claims against Def endant Katherine Brewer under section 227(b) of the TCPA and section 305.053 of the Texas Business and Commerce Code, and Plaintiff's claim against both Katherine Brewer and Bryan Brewer for defamation remain. Signed by District Judge Amos L. Mazzant, III on 6/19/2019. (daj, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

CRAIG CUNNINGHAM

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v.
JAY POLITI, ET AL.

Civil Action No. 4:18-CV-362
(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 April 30, 2019, the report of the Magistrate Judge (Dkt. #83) was entered containing proposed
findings of fact and recommendations that Defendants Katherine Brewer and Bryan Brewer’s
Motion to Dismiss Plaintiff’s Amended Complaint (Dkt. #52) be granted in part and denied in part.
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 Katherine Brewer and Bryan Brewer’s Motion to Dismiss
Plaintiff’s Amended Complaint (Dkt. #52) is GRANTED IN PART AND DENIED IN PART.
Plaintiff’s claims under section 227(c) of the TCPA, and for invasion of privacy, extortion, and
intentional infliction of emotion distress are hereby DISMISSED WITH PREJUDICE. Plaintiff’s

. claims against Defendant Katherine Brewer under section 227(b) of the TCPA and section
305.053 of the Texas Business and Commerce Code, and Plaintiff’s claim against both Katherine
Brewer and Bryan Brewer for defamation remain.
IT IS SO ORDERED.

SIGNED this 19th day of June, 2019.

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AMOS L. MAZZANT