Jones et al v. JGC Dallas LLC et al

Filing 107

ORDER ACCEPTING 94 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge Reed C O'Connor on 9/19/2012) (skt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

ERICA JONES, et al.,
Plaintiffs,
v.
JGC DALLAS LLC, et al.,
Defendants.

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Civil Action No. 3:11-cv-2743-O

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in
this case.

Magistrate Judge recommends that Plaintiffs’ motion to dismiss Defendants’

counterclaims should be granted, and the breach of contract and unjust enrichment counterclaims
for set-offs should be dismissed without prejudice. The Magistrate Judge further recommends that
Plaintiffs’ motion to strike Defendants’ affirmative defenses should be granted in part, and
affirmative defenses numbers 1, 3, 4, 7, 9, 13, 17, 20, 22, 23, 24, 25, 26, 27, 33, and 55 should be
stricken. Defendants filed objections thereto. The Court has conducted a de novo review of those
portions of the proposed findings and recommendation to which objection was made. The Court
finds that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge
are correct.
Accordingly, Defendants’ objections are OVERRULED, and the Court ACCEPTS the
Findings, Conclusions, and Recommendation of the Magistrate Judge (ECF No. 94) as the findings
of the Court.

Defendants further ask the Court for leave to amend the aforementioned counterclaims and
affirmative defenses. Defendants should present their request, in the first instance, to the Magistrate
Judge.
SO ORDERED on this 19th day of September, 2012.

_____________________________________
Reed O’Connor
UNITED STATES DISTRICT JUDGE

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