McNeal v. Markum Enterprises, LLC, et al

Filing 80

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court ADOPTS the findings and conclusions of the Magistrate Judge as those of the Court. Defendant McWhiney & Markum, LLC's Motion for Summary Judgment 56 and Defendants' Motion for Summary Judgment 57 filed by Markum Enterprises, LLC and Wesley G. Markum are GRANTED. The complaint is DISMISSED with prejudice. Any motion not previously ruled on is DENIED. Signed by District Judge Robert W. Schroeder, III on 03/21/18. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
RYAN McNEAL

v.

MARKUM ENTERPRISES, LLC, d/b/a
FLOOR REMOVAL KING, d/b/a
FLOOD OUT RESTORATION, et al.

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CIVIL ACTION NO. 6:16cv1118

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 the case, has been presented for
consideration.

The Report and Recommendation (Docket No. 78), filed on February 28,

2018, recommends that Defendant McWhiney & Markum, LLC’s Motion for Summary
Judgment (Docket No. 56) and Defendants’ Motion for Summary Judgment (Docket No.
57) filed by Markum Enterprises, LLC and Wesley G. Markum be granted. No objections
to the Report and Recommendation have been filed. The Court agrees with the Magistrate Judge
that Plaintiff has failed to establish that McWhiney & Markum, LLC was his employer and failed
to establish enterprise coverage with respect to the claims against Markum Enterprises, LLC and
Wesley G. Markum.

The Court therefore ADOPTS the findings and conclusions of the

Magistrate Judge as those of the Court. It is
ORDERED that Defendant McWhiney & Markum, LLC’s Motion for Summary
Judgment (Docket No. 56) and Defendants’ Motion for Summary Judgment (Docket No. 57)
filed by Markum Enterprises, LLC and Wesley G. Markum are GRANTED.

The complaint is DISMISSED with prejudice. Any motion not previously ruled on is
DENIED.
SIGNED this 21st day of March, 2018.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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