Williams v. Tang, Inc. et al

Filing 18

ORDER ACCEPTING 17 REPORT AND RECOMMENDATIONS. Plaintiffs First Amended and Substituted Complaint 11 is DENIED. Further, Plaintiffs Motion to Dismiss Defendants' Counterclaims 12 is GRANTED. The counterclaims asserted in Defendants 9; answer 8 are therefore DISMISSED, without prejudice. The Clerk is therefore directed to terminate the parties' respective designations as counter-claimants and counter-defendants on the docket. All other claims remain pending. Signed by District Judge Ron Clark on 11/14/20. (ljw, )

Case 9:20-cv-00076-RC-KFG Document 18 Filed 11/14/20 Page 1 of 2 PageID #: 101

**NOT FOR PRINTED PUBLICATION**
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION

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RICKY WILLIAMS,
Plaintiff,
v.
TANG, INC., and LENG TANG,
Defendants.

CASE NO. 9:20-CV-76-RC-KFG

ORDER ACCEPTING THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION
The court referred this case to the Honorable Keith Giblin, United States Magistrate Judge,
for all pretrial matters. On October 26, 2020, Judge Giblin issued a Report and Recommendation
which recommended denying Defendants’ Motion to Dismiss Plaintiff’s First Amended and
Substituted Complaint (Doc. #11) and granting Plaintiff’s Motion to Dismiss Defendants’
Counterclaims. (Doc. #12). To date, the parties have not filed objections to the report. Pursuant to
28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the court conducted a de novo review
of the magistrate judge’s report and the record in this cause. The court agrees with Judge Giblin’s
recommended disposition and ACCEPTS the Report and Recommendation (Doc. #17).
Therefore, Defendants’ Motion to Dismiss Plaintiff’s First Amended and Substituted
Complaint (Doc. #11) is DENIED. Further, Plaintiff’s Motion to Dismiss Defendants’
Counterclaims (Doc. #12) is GRANTED. The counterclaims asserted in Defendants’ answer
(Doc. #8) are therefore DISMISSED, without prejudice. The Clerk is therefore directed to
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Case 9:20-cv-00076-RC-KFG Document 18 Filed 11/14/20 Page 2 of 2 PageID #: 102

terminate the parties’ respective designations as counter-claimants and counter-defendants on the
docket. All other claims remain pending.

So Ordered and Signed
Nov 14, 2020

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