Griffin v. Inogen

Filing 13

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. It is hereby ORDERED that the Motion (Dkt. # 5 ) is GRANTED IN PART and DENIED IN PART. The Motion (Dkt. # 5 ) is GRANTED to the extent it seeks to quash Plaintiff Linto n J. Griffin's previous attempt at service and DENIED to the extent it seeks dismissal under Rules 12(b)(4) and 12(b)(5). Plaintiff shall have (30) days from the entry of this Memorandum Adopting Report and Recommendation to serve the summons and complaint upon Defendant in compliance with Rule 4 of the Federal Rules of Civil Procedure. Signed by District Judge Amos L. Mazzant, III on 11/13/2023. (rpc, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

LINTON J. GRIFFIN
V.
INOGEN

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§ CIVIL ACTION NO. 4:23CV411
§ JUDGE MAZZANT/JUDGE JOHNSON
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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 October 23, 2023, the Magistrate Judge entered a Report and Recommendation (Dkt. #10)
that Defendant Inogen’s Motion to Dismiss under Rule 12(b)(4) and (5) and Brief in Support
(the “Motion”) (Dkt. #5) be granted in part and denied in part.
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 the Motion (Dkt. #5) is GRANTED IN
PART and DENIED IN PART. The Motion (Dkt. #5) is GRANTED to the extent it seeks
to quash Plaintiff Linton J. Griffin’s previous attempt at service and DENIED to the extent it

. seeks dismissal under Rules 12(b)(4) and 12(b)(5). Plaintiff shall have (30) days from the entry of
this Memorandum Adopting Report and Recommendation to serve the summons and
complaint upon Defendant in compliance with Rule 4 of the Federal Rules of Civil Procedure.
IT IS SO ORDERED.

SIGNED this 13th day of November, 2023.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE