Garcia Jr et al v. Jenkins/Babb LLP et al

Filing 72

ORDER ACCEPTING 66 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge David C Godbey on 7/22/2013) (skt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ISRAEL GARCIA JR., et al.,
Plaintiffs,
vs.
JENKINS/BABB LLP, et al.,
Defendants.

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No. 3:11-CV-3171-N-BH

Referred to U.S. Magistrate Judge

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in
accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the
Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings
and Conclusions of the Court. Accordingly, Defendants Jenkins/Babb, LLP, Robert E. Jenkins, and
Jason Babb’s Motion to Dismiss Third Amended Complaint Pursuant to FRCP 12(b)(6) and Brief
(doc. 51), filed October 15, 2012, is GRANTED. By separate judgment, Plaintiffs’ claims against
these defendants for violations of the FDCPA will be dismissed with prejudice for failure to state
a claim upon which relief can be granted. The Court exercises supplemental jurisdiction over
Plaintiffs’ claims against these defendants under the TDCPA and the DTPA, and these claims will
be sua sponte dismissed with prejudice for failure to state a claim upon which relief can be granted.
SIGNED this 22nd day of July, 2013.

DAVID GODBEY
UNITED STATES DISTRICT JUDGE