Nieman v. Hale et al

Filing 30

Order Accepting 29 Findings and Recommendations on Motions. The court grants Defendant's 17 Motion to Dismiss for Failure to State a Claim and dismisses Plaintiff's First Amended Complaint. Further, the court will permit Plain tiff to amend his pleadings. Plaintiff's 21 Motion for Leave to File His Second Amended is granted. Plaintiff shall file his second amended complaint by 8/6/2013. No further amendments of Plaintiff's pleadings will be permitted. (Ordered by Judge Sam A Lindsay on 7/23/2013) (tln)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JASON LEE NIEMAN,
Plaintiff,
v.
KEITH HALE, INSURANCE SEARCH
GROUP, and JOHN DOE
CORPORATION,
Defendants.

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Civil Action No. 3:12-CV-2433-L

ORDER
This case was referred to Magistrate David L. Horan, who entered Findings, Conclusions and
Recommendation of the United States Magistrate Judge (“Report”) on July 3, 2013. Regarding
Defendant’s Motion to Dismiss for Failure to State a Claim (Doc. 17), filed on December 19, 2013,
by Defendant Keith Hale (“Hale”) and Insurance Search Group (“ISG”) (collectively, “Recruiter
Defendants”), the magistrate judge recommended that the motion to dismiss be granted and
Plaintiff’s First Amended Complaint be dismissed. The magistrate judge nevertheless recommended
that Plaintiff’s Motion for Leave to File His Second Amended Complaint (Doc. 21), filed April 16,
2013, should be granted. No objections to the Report were filed. Having reviewed the pleadings,
file, and record in this case, and the findings and conclusions of the magistrate judge, the court
determines that the findings and conclusions of the magistrate judge are correct and accepts them
as those of the court. Accordingly, the court grants Defendant’s Motion to Dismiss for Failure to
State a Claim (Doc. 17) and dismisses Plaintiff’s First Amended Complaint. Further, the court will
permit Plaintiff to amend his pleadings. Plaintiff’s Motion for Leave to File His Second Amended

Order - Page 1

Complaint (Doc. 21) is therefore granted. Plaintiff shall file his second amended complaint by
August 6, 2013. No further amendments of Plaintiff’s pleadings will be permitted.
It is so ordered this 23rd day of July, 2013.

________________________________
Sam A. Lindsay
United States District Judge

Order - Page 2