A&P Support, Inc. v. Crucible Ventures, Ltd et al

Filing 51

ORDER. The Court has reviewed the Report and Recommendation 50 for clear error and finds none. It is therefore ORDERED that the findings and conclusions in the Report and Recommendation are hereby ADOPTED as the findings and conclusions of the Cour t. Accordingly, Defendant Whitesides' motions to dismiss 38 and 49 are GRANTED to the extent that they seek dismissal under Federal Rule of Civil Procedure 12(b)(5) and DENIED AS MOOT to the extent that they seek dismissal under Federal Rule of Civil Procedure 12(b)(6). Defendant Thomas A. Whitesides, Jr. is TERMINATED as a party to this case. This case is returned to the docket of the Honorable E. Scott Frost for further proceedings consistent with the order of reference. (Ordered by Senior Judge Sam R Cummings on 1/23/2018) (jmc)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
ABILENE DIVISION
A&P SUPPORT, INC., and ADVANTAGE
CAPITAL INVESTMENTS, LLC d/b/a
RWI BUSINESS SERVICES,
Plaintiffs,
v.

CRUCIBLE VENTURES LIMITED,
THOMAS A. WHITESIDES, JR.,
and RANDALL E. CARROLL,
Defendants.

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CivilActionNo. 1:15-CV-094-C-BL

ORDER
Defendant Thomas A. Whitesides, Jr., appearingpro se, filed letters with the Court on
August 23,2017, and November 16, 2017, asking to be removed from this case. The United
States Magistrate Judge construed those letters as motions to dismiss for lack of notice and
failure to state a claim upon which relief may be granted, and the undersigned agrees with that
characterization. Plaintiffs filed a response, and the United States Magistrate Judge issued his
Report and Recommendation on November 17, 2017, recommending that the motions be
granted. None of the parties filed any objections.'

'The Court notes that Plaintiffs' prior counsel withdrew from this case after informing the
Court that an involuntary petition for bankruptcy had been filed against Plaintiff A&P Support,
Inc. on February 25,2016. The Chapter 7 Trustee for that bankruptcy proceeding then sent a
letter to the Court requesting an extension of time to obtain replacement counsel for Plaintiffs.
That request was granted by the Magistrate Judge and new counsel appeared in this action on
behalf of the Plaintiffs on October 4, 2017. The Court is of the opinion that the pending
bankruptcy proceeding does not create any reason for this case to be stayed because Plaintiffs'
present counsel has been retained by the Chapter 7 Trustee and approved by the United States
Bankruptcy Court for the Middle District of Pennsylvania.

The Court has reviewed the Report and Recommendation for clear error and finds none.
It is therefore ORDERED that the findings and conclusions in the Report and Recommendation

are hereby ADOPTED as the findings and conclusions of the Court. Accordingly, Defendant
Whitesides' motions to dismiss are GRANTED to the extent that they seek dismissal under
Federal Rule of Civil Procedure 12(b)(5) and DENIED AS MOOT to the extent that they seek
dismissal under Federal Rule of Civil Procedure 12(b)(6). Defendant Thomas A. Whitesides, Jr.
is TERMINATED as a party to this case.
This case is returned to the docket of the Honorable E. Scott Frost for further proceedings
consistent with the order of refere,
SO ORDERED this .;{

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day of January, 2

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