McNeal v. Markum Enterprises, LLC, et al

Filing 50

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 41 Report and Recommendations, and denying 12 Motion to Dismiss filed by McWhiney & Markum, LLC, and denying without prejudice 8 Motion for Approval and 7 Motion to Certify Class, both filed by Ryan McNeal. Signed by Judge Robert W. Schroeder, III on 9/25/17. (mjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
RYAN MCNEAL, INDIVIDUALLY AND
ON BEHALF OF ALL OTHERS
SIMILARLY SITUATED;
Plaintiff,
v.
MARKUM ENTERPRISES, LLC, ET AL.,

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CIVIL ACTION NO. 6:16-CV-01118-RWS

Defendants.
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 recommendations regarding Defendant’s Motion to Dismiss (Docket No. 12),
Plaintiff’s Motion to Certify Class (Docket No. 7), and Plaintiff’s Motion for Approval and
Distribution of Notice for Disclosure of Contact Information (Docket No. 8), has been
presented for consideration. The Report and Recommendation (Docket No. 41), filed on August
29, 2017, recommends denying Defendant’s Motion to Dismiss (Docket No. 12) and denying
without prejudice Plaintiff’s Motion to Certify Class (Docket No. 7) and Plaintiff’s Motion for
Approval (Docket No. 8). Neither party filed written objections.
The Court agrees with the Magistrate Judge that the Court has subject-matter
jurisdiction over Plaintiff’s claim, that Plaintiff has alleged facts sufficient to state a claim and
that Plaintiff has failed to present preliminary facts that he is similarly situated to the putative
class members. Accordingly, the Court ADOPTS the findings of fact and conclusions of law

of the Magistrate Judge as those of the Court. In light of the foregoing, it is ORDERED that
Defendant’s Motion to Dismiss (Docket No. 12) is DENIED.
It is further ORDERED that Plaintiff’s Motion to Certify Class (Docket No. 7) and
Plaintiff’s Motion for Approval (Docket No. 8) are DENIED WITHOUT PREJUDICE.
SIGNED this 25th day of September, 2017.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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