Carter v H2R Restaurant Holdings LLC et al

Filing 325

ORDER ACCEPTING 321 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendants H2R Restaurant Holdings, LLC, Chris Short, and John Dyess's Motion to Enforce Settlement Agreement [Dkt. No. 310 ] is GRANTED; Def endants H2R Restaurant Holdings, LLC, Chris Short, and John Dyess's Motion to Dismiss Subject to Motion to Enforce Settlement Agreement [Dkt. No. 311 ] is DENIED AS MOOT; and Defendant RAD Staffing, LLC d/b/a Trinity Event Staffing's Motio n to Dismiss Under Fed. R. Civ. P. 41(b) [Dkt. No. 313 ] is DENIED. The Court hereby DISMISSES WITH PREJUDICE Plaintiff Samantha Carter's claims against H2R Restaurant Holdings, LLC, Chris Short, and John Dyess. The Court further ORDERS Ms. Carter to appear for an in-person deposition with Trinity in Dallas on a mutually-agreeable date that is no later than four weeks from the date of this order. (Ordered by Judge David C Godbey on 4/16/2018) (sss)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SAMANTHA CARTER,

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Plaintiff,
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V.
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H2R RESTAURANT HOLDINGS, LLC, §
ET AL.,
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Defendants.
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No. 3:16-cv-1554-N-BN

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 March 15, 2018, the Court finds that the Findings
Conclusions, and Recommendation of the Magistrate Judge are correct and they are
accepted as the Findings, Conclusions, and Recommendation of the Court.
IT IS, THEREFORE, ORDERED that the Findings, Conclusions, and
Recommendation of the United States Magistrate Judge are accepted.
Defendants H2R Restaurant Holdings, LLC, Chris Short, and John Dyess’s
Motion to Enforce Settlement Agreement [Dkt. No. 310] is GRANTED; Defendants
H2R Restaurant Holdings, LLC, Chris Short, and John Dyess’s Motion to Dismiss
Subject to Motion to Enforce Settlement Agreement [Dkt. No. 311] is DENIED AS
MOOT; and Defendant RAD Staffing, LLC d/b/a Trinity Event Staffing’s Motion to
Dismiss Under Fed. R. Civ. P. 41(b) [Dkt. No. 313 ] is DENIED.

The Court hereby DISMISSES WITH PREJUDICE Plaintiff Samantha
Carter’s claims against H2R Restaurant Holdings, LLC, Chris Short, and John
Dyess.
The Court further ORDERS Ms. Carter to appear for an in-person deposition
with Trinity in Dallas on a mutually-agreeable date that is no later than four weeks
from the date of this order.
SO ORDERED this 16th day of April, 2018.

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DAVID C. GODBEY
UNITED STATES DISTRICT JUDGE