Allen v. Heath et al

Filing 54

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 53 Report and Recommendations of the United States Magistrate Judge. ORDERED that Defendants Motion (Doc. No. 3) is GRANTED with respect to Plaintiffs negligence claim and DENIED with respect to Plaintiffs tortious interference and defamation claims. It is further ORDERED that the related motion to stay (Doc. No. 14) be DENIED as moot. Signed by Judge Michael H. Schneider on 5/27/2016. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
AMANDA ALLEN,
Plaintiff,
v.
DR. JOE DONALD HEATH, in his
individual and official capacities,
HANNAH HEARN, and
NWPROPERTY MANAGEMENT, LLC
d/b/a NWP MANAGEMENT,

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CIVIL ACTION NO. 6:16-cv-51
MHS-JDL

Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
On May 6, 2016, United States Magistrate Judge John D. Love issued a Report and
Recommendation, recommending that the undersigned GRANT-IN-PART and DENY-IN-PART
Defendants Hannah Hearn (“Defendant” or “Ms. Hearn”) and NWProperty Management, LLC’s
(“Defendant” or “NWP”) (collectively “Defendants”) Motion to Dismiss pursuant to the Texas
Citizens Participation Act (“TCPA”) (Doc. No. 3). (Doc. No. 52.) Specifically, the Magistrate
Judge recommended granting Defendants’ motion with respect to Plaintiff’s negligence claim,
but recommended denying the motion with respect to Plaintiff’s defamation and tortious
interference claims. (Doc. No. 52, at 8–16.) No objections to the Report and Recommendation
were filed during the prescribed objection period.
The Court, having reviewed the Magistrate Judge’s findings and conclusions, is of the
opinion that the findings and conclusions of the Magistrate Judge are correct. Therefore, the
Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and
conclusions of the Court. It is accordingly ORDERED that Defendants’ Motion (Doc. No. 3) is
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GRANTED with respect to Plaintiff’s negligence claim and DENIED with respect to Plaintiff’s
tortious interference and defamation claims. It is further ORDERED that the related motion to
stay (Doc. No. 14) be DENIED as moot.
SIGNED this 27th day of May, 2016.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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