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, )

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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., § § § § § § § § § § 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 Page 2 of 2

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