Goldfarb v. Elite Service Recovery & Towing, LLC et al

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 15 Motion to Dismiss. Plaintiffs negligent hiring, retention, training, supervision, and entrustment claims are DISMISSED, with leave to replead those claims. Signed by *District Judge Robert W. Schroeder, III on 10/31/2018. (saenz, ) *Modified on 10/31/2018 (saenz, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ABRAHAM LEON GOLDFARB v. ELITE SERVICE RECOVERY & TOWING, LLC and DENNIS WAYNE BAGGETT § § § § § § § CIVIL NO. 6:17-CV-640-RWS-KNM ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE The Report and Recommendation of the Magistrate Judge (Docket No. 39, the “Report”), which contains her findings, conclusions, and recommendations regarding Defendant Elite Service Recovery & Towing, LLC’s 12(b)(6) Motion to Dismiss Plaintiff’s First Amended Complaint (Docket No. 15), has been presented for consideration. The Report, filed on August 17, 2018, recommends granting-in-part Defendant’s Motion to Dismiss. Specifically, the . Report recommends dismissing Plaintiff’s negligent hiring, retention, training, supervision, and entrustment claims, with leave to replead those claims. No written objections have been filed. The Court therefore ADOPTS the findings and conclusions of the Magistrate Judge as those of the Court. In light of the foregoing, it is ORDERED that Plaintiff’s negligent hiring, retention, training, supervision, and entrustment claims are DISMISSED, with leave to replead those claims. SIGNED this 31st day of October, 2018. ____________________________________ ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE

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