Tisdale v. The CBE Group, Inc. et al

Filing 47

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. Accordingly, it is hereby ORDERED that: Defendant CBE Group, Inc.'s ("CBE") Motion to Dismiss (Dkt. # 26 ) is GRANTED to the extent it seeks to dismiss Pl aintiff's claims pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure; Plaintiff's claims against Defendants CBE, Transworld Systems, Inc., and Credit Control Services, Inc. are DISMISSED WITHOUT PREJUDICE for lack of standing; the remaining pending motions (Dkts. # 21 , # 30 , # 39 ) are DENIED AS MOOT. Signed by District Judge Amos L. Mazzant, III on 1/17/2023. (rpc, )

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Case 4:22-cv-00101-ALM-KPJ Document 47 Filed 01/17/23 Page 1 of 2 PageID #: 430 United States District Court FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION ALONZO TISDALE, Plaintiff, v. THE CBE GROUP, INC., doing business as CREDIT BUREAU ENTERPRISES, INC., et al., Defendants. § § § § § § § § § § Civil Action No. 4:22-cv-101-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 November 28, 2022, the Magistrate Judge entered proposed findings of fact and recommendations (the “Report”) (Dkt. #43). Having received the Report of the United States Magistrate Judge, and no timely objections being 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 that: 1. Defendant CBE Group, Inc.’s (“CBE”) Motion to Dismiss (Dkt. #26) is GRANTED to the extent it seeks to dismiss Plaintiff’s claims pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure; Case 4:22-cv-00101-ALM-KPJ Document 47 Filed 01/17/23 Page 2 of 2 PageID #: 431 2. Plaintiff’s claims against Defendants CBE, Transworld Systems, Inc., and Credit Control Services, Inc. are DISMISSED WITHOUT PREJUDICE for lack of standing; . 3. the remaining pending motions (Dkts. #21, #30, #39) are DENIED AS MOOT; and 4. all relief not previously granted is hereby DENIED, and the Clerk is directed to CLOSE this civil action. IT IS SO ORDERED. SIGNED this 17th day of January, 2023. ___________________________________ AMOS L. MAZZANT UNITED STATES DISTRICT JUDGE 2

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