Payne v. Universal Recovery Inc et al

Filing 41

ORDER denying 19 Motion to Stay; denying 21 Motion to Dismiss; adopting Report and Recommendations re 30 Findings and Recommendations on Case. (Ordered by Chief Judge Sidney A Fitzwater on 2/17/2012) (Chief Judge Sidney A Fitzwater)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ROGER PAYNE,
Plaintiff,
VS.
UNIVERSAL RECOVERY, INC., et al.,
Defendants.

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§ Civil Action No. 3:11-CV-1672-D
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ORDER

On December 7, 2011 the magistrate judge recommended that plaintiff’s August 19, 2011
motion to hold case in abeyance be denied and, if plaintiff filed an amended complaint, that
defendant’s August 24, 2011 motion to dismiss be denied as moot. On December 21, 2011 plaintiff
filed an amended complaint. Accordingly, the court adopts the December 7, 2011 findings,
conclusions, and recommendation the magistrate judge. Plaintiff’s motion to hold case in abeyance
is denied, and defendants’ motion to dismiss is denied without prejudice as moot.
SO ORDERED.
February 17, 2012.

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SIDNEY A. FITZWATER
CHIEF JUDGE