Ramirez v. JC Penney Corporation Inc et al

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 32 Report and Recommendations, denying 25 Motion to Dismiss as to Count I and granting without prejudice as to Count II, filed by Kenneth H. Hannah, JC Penney Corporation Inc, Ronald. Johnson, Mic hael Dastugue, Janet Dhillon, Myron E Ullman III, Michael Kramer, and granting 26 Motion for Judicial Notice, filed by Kenneth H. Hannah, JC Penney Corporation Inc, Ronald. Johnson, Michael Dastugue, Janet Dhillon, Myron E Ullman III, Michael Kramer. Plaintiffs are given leave to amend their Complaint and replead Count II. Signed by Judge Michael H. Schneider on 9/29/15. (mjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
ROBERTO RAMIREZ and THOMAS
IHLE,
Plaintiffs,
v.
J.C. PENNEY CORPORATION INC.,
MICHAEL DASTUGUE, JANET
DHILLON, KENNETH HANNAH,
MICHAEL KRAMER, RONALD
JOHNSON, and MYRON E. ULLMAN,
III,
Defendants.

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CIVIL ACTION NO. 6:14-CV-601MHS-KNM

ORDER ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED
STATES MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions, and recommendation for the disposition of this action, has been presented for
consideration. The Report and Recommendation (Doc. No. 32) recommends that Defendants’
Motion to Dismiss be denied as to Count I and granted without prejudice as to Count II and the
Request for Judicial Notice be granted. On September 25, 2015, Defendants filed Objections to
the Magistrate Judge’s Report and Recommendation (Doc. No. 33).
Having made a de novo review of the objections filed by Defendants, the Court concludes
that the findings and conclusions of the Magistrate Judge are correct and the objections are
without merit. In light of the foregoing, it is
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ORDERED that Defendants’ Motion to Dismiss The First Amended Class Action
Complaint (Doc. No. 25) be DENIED as to Count I and GRANTED WITHOUT PREJUDICE
as to Count II. Plaintiffs are given leave to amend their Complaint and replead Count II. It is also
ORDERED that the Request for Judicial Notice (Doc. No. 26) be GRANTED.
SIGNED this 29th day of September, 2015.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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