Brady v. Plano Housing Authority/K. Teague

Filing 14

MEMORANDUM ADOPTING IN PART THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 13 Report and Recommendations. Defendants' Motion to Dismiss under Rule 12(b)(6) (Dkt. #10) is GRANTED in part and DENIED in part, and that Pla intiff's Complaint, (Dkt. #1), is DISMISSED without prejudice. Plaintiff has fourteen days from the date of this order to amend her complaint in a manner that complies with the pleading requirements of the Federal Rules of Civil Procedure. Signed by District Judge Sean D. Jordan on 9/25/2024. (dlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
SANDRA B. BRADY,
Plaintiff,
v.
PLANO HOUSING
AUTHORITY/K. TEAGUE,
Defendants.

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CIVIL ACTION NO. 4:22-CV-01020SDJ-AGD

MEMORANDUM ADOPTING IN PART THE REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the Report and Recommendation of the United
States Magistrate Judge (“Report”), this matter having been referred to the
Magistrate Judge pursuant to 28 U.S.C. § 636. The Report, (Dkt. #13), contains
proposed findings of fact and the recommendation that Defendants’ Motion to Dismiss
under Rule 12(b)(6) (Dkt. #10) be denied and that Plaintiff be ordered to amend her
Complaint, in a manner that complies with the pleading requirements of the Federal
Rules of Civil Procedure, within fourteen days of the Court’s adoption of the Report.
Having received the Report, and no timely objections being filed, the Court
determines that the findings and conclusions contained in the Report should be
ADOPTED in part and MODIFIED in part. The Court adopts all the Magistrate
Judge’s findings and conclusions, except her conclusion that the motion to dismiss
must be denied. Because Plaintiff’s claim is inadequately pleaded for the reasons
explained in the Report, the Court finds that Defendants’ motion should be granted

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as to the dismissal of Plaintiff’s claim but denied as to Defendants’ request that
Plaintiff’s claim be dismissed with prejudice.1 It is the practice of this Court to afford
litigants at least one opportunity to cure pleading deficiencies before dismissing a
case, unless it is clear that the defects are incurable. See, e.g., Brady v. Evangelical
Lutheran Good Samaritan Society, 2023 WL 6393882, at *6 (E.D. Tex. 2023).
It is, therefore, ORDERED that Defendants’ Motion to Dismiss under
Rule 12(b)(6) (Dkt. #10) is GRANTED in part and DENIED in part, and that
Plaintiff’s
Complaint, (Dkt. #1), is DISMISSED without prejudice.
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It is further ORDERED that Plaintiff has fourteen days from the date of
this order to amend her complaint in a manner that complies with the pleading
requirements of the Federal Rules of Civil Procedure. If an amended complaint is
filed, Defendants may move once more to dismiss such amended complaint if they
have grounds to do so. If Plaintiff fails to amend her pleading within fourteen days,
Defendants may move for dismissal under Federal Rule of Civil Procedure Rule 41.
So ORDERED and SIGNED this 25th day of September, 2024.

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SEAN D. JORDAN
UNITED STATES DISTRICT JUDGE

Defendants requested that the Court dismiss the Complaint “in its entirety,” which
the Court will construe as requesting that it be dismissed with prejudice. (Dkt. #10 at 5).
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