Bowers v. Abundant Home Health LLC et al

Filing 103

ORDER ADOPTING 101 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Court finds that Defendant James L. Santiago did not knowingly execute the settlement agreement, on behalf ofDefendant Abundant Home Health, LLC , and offered by Plaintiff Jana Bowers. Accordingly, it is hereby ORDERED that the Court's Rule 54(b) Judgment of 4/10/2019, be VACATED and this civil action remained STAYED due to the logistical issues presented by COVID-19. (Ordered by Senior Judge Sam R Cummings on 2/23/2021) (jmg)

Case 3:16-cv-01314-C Document 103 Filed 02/23/21

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

JANA BOWERS,

)
)
)
)

Plaintilt,

)
)

ABUNDANT HOME HEALTH, LLC,
JAMES L. SANTIAGO,
LAILANI MENDOZA,

)

)
)

)
)

Defendants.

Civil Action No.

3:1

6-CV- I 314-C

ORDER
Before the Court are the Findings, Conclusions, and Recommendation of the United
States Magistrate Judge therein advising that the

Cou( should find that Defendant James L.

Santiago did not knowingly execute a settlement agreement offered by PlaintiflJana Bowers.l

The Court conducts a de novo review ofthose portions of the Magistrate Judge's report or
specified proposed findings or recommendations to which a timely objection is made. 28 U.S.C'
$ 636(bX

I

XC). Portions of

subject ofa timely objection

the report or proposed findings or recommendations that are not the

will

be accepted by the Court unless they are clearly erroneous or

contrary to law. See United States v. lYilson,864 F.2d 1219,1221 (5th Cir. 1989).

After due consideration and having conducted

a de novo review, the Court finds that

Plaintiff s objections should be OVERRULED. The Court

has further conducted an

independent review of the Magistrate Judge's findings and conclusions and finds no error. It is

I Plaintiff filed objections to the Magistrate Judge's Findings, Conclusions, and
Recommendation on February 8, 2021.

Case 3:16-cv-01314-C Document 103 Filed 02/23/21

Page 2 of 2 PageID 1031

therefore ORDERED that the Findings, Conclusions, and Recommendation are ADOPTED as
the findings and conclusions ofthe Court. For the reasons stated therein, the Court finds that
Defendant James L. Santiago did not knowingly execute the settlement agreement, on behalfof
Deiendant Abundant Home Health, LLC, and offered by Plaintiff Jana Bowers. Accordingly, it
is hereby ORDERED that the Court's Rule 54(b) Judgment of
and this

April

10, 2019, be

VACATED

civil action remained STAVED due to lhe logistical issues presented by COVID-19.'?

SO ORDERED

1A

Ll-

this 4,lday olFebruary.202l.

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SF,NIOR TINITED STATES DI

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This civil action shall be reinstated on the Court's trial docket in due course.
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