Miller et al v. McEachern

Filing 43

ORDER ACCEPTING 41 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendant's Rule 12(b)(6) motion to dismiss [Doc. # 28 ] is denied. (Ordered by Judge Barbara M. G. Lynn on 3/16/2009) (twd)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION BRAD MILLER, Individually and d/b/a FILM-TECH Plaintiff, VS. KYLE McEACHERN Defendant. § § § § § § § § § §

NO. 3-07-CV-1997-M

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After making an independent review of the pleadings, files and records in this case, and the Findings and Recommendation of the United States Magistrate Judge dated January 14, 2009, the Court finds that the Findings and Recommendation of the Magistrate Judge are correct and they are accepted as the Findings and Recommendation of the Court. IT IS, THEREFORE, ORDERED that the Findings and Recommendation of the United States Magistrate Judge are accepted. Defendant's Rule 12(b)(6) motion to dismiss [Doc. #28] is denied. SO ORDERED this 16th day of March, 2009.

_________________________________ BARBARA M. G. LYNN UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF TEXAS