Breitling et al v. LNV Corporation et al

Filing 59

ORDER ACCEPTING 42 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge Barbara M.G. Lynn on 1/27/2015) (skt)

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

SAMUEL G. BREITLING and JO ANN
BREITLING,

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Plaintiffs,
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v.
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LNV CORPORATION, et al.,
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Defendants.
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Civil Action No. 3:14-CV-3322-M

ORDER ACCEPTING FINDINGS, CONCLUSIONS 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, Conclusions and Recommendation of the United States Magistrate Judge dated
October 29, 2014, Plaintiffs’ Response, Objections of Defendants LNV and MGC and Defendant
Tillery’s Response, the Court finds that the Findings and Conclusions of the Magistrate Judge are
correct and they are accepted as the Findings and Conclusions of the Court.
IT IS, THEREFORE, ORDERED that the Findings, Conclusions and Recommendation
of the United States Magistrate Judge are accepted, and Judge Tillery’s Motion to Remand [Dkt.
No. 9] is GRANTED, the Joint Motion to Sever [Dkt. No. 16] is DENIED, the Plaintiffs’ Motion
to Remand after Determination of Federal Questions Specific to Denial of Due Process and
Equal Protection of Law under the United States Constitution [Dkt. No. 24] is DENIED as moot,
and this entire action is remanded to the 101st Judicial District Court of Dallas County, Texas,
from which it was removed.

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SO ORDERED this 27th day of January, 2015.

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

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