Randolph v. Pinecrest Retirement Communities

Filing 23

ORDER OVERRULING OBJECTIONS AND ADOPTING MAGISTRATE JUDGE'S REPORT AN D RECOMMENDATION. The Defendant's objections 17 are OVERRULED; the magistrate judge's report and recommendation 14 is ADOPTED; and Defendant's Motion to Dismiss 8 is DENIED. Signed by Judge Michael H. Schneider on 11/3/15. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
ARLICE J. RANDOLPH
v.
PINECREST RETIREMENT
COMMUNITIES

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NO. 9:15-cv-39

ORDER OVERRULING OBJECTIONS AND ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
This case is referred to the Honorable Zack Hawthorn, United States Magistrate Judge,
for all pretrial matters.

Pending before the court is Defendant Pinecrest Retirement

Communities’ “Motion to Dismiss Plaintiff’s Original Complaint.” (Doc. No. 8.) On September
19, 2015, the magistrate judge filed his report (Doc. No. 14), recommending that this court deny
the Defendant’s motion.

The Defendant filed timely objections to the report and

recommendation. (Doc. No. 17.)
.

After conducting a de novo review of the magistrate judge’s report and recommendation

and the Defendant’s objections, the court finds that the magistrate judge’s findings and
conclusions are correct. See FED. R. CIV. P. 72(b)(3).
It is, therefore, ORDERED that the Defendant’s objections (Doc. No. 17) are
OVERRULED; the magistrate judge’s report and recommendation (Doc. No. 14) is
ADOPTED; and Defendant’s Motion to Dismiss (Doc. No. 8) is DENIED.
SIGNED this 3rd day of November, 2015.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE