Carter v H2R Restaurant Holdings LLC et al

Filing 76

ORDER ACCEPTING 71 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: 47 Request for Termination is DENIED. 48 Motion to Dismiss Proceedings is DENIED. 56 Motion to Dismiss Plaintiff's OriginalComplaint is DENIED. 58 Motion to Dismiss is DENIED. 63 & 64 Motions to Strike are DENIED as moot. (Ordered by Judge David C Godbey on 9/22/2016) (epm)

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 September 6, 2016, 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.
It is ORDERED, ADJUDGED, and DECREED that:
1.

Defendants H2R Restaurant Holdings, LLC doing business as Rotisserie Two,

LLC, John Dyess, and Chris Short’s Motion to Dismiss Proceedings [Dkt. No. 48] is
DENIED.
2.

Defendants H2R Restaurant Holdings, LLC, doing business as Rotisserie Two,

LLC, John Dyess, and Chris Short’s FRCP 12(b)(5) Motion to Dismiss [Dkt. No. 58]
is DENIED.

3.

Defendant Trinity Event Staffing’s Request for Termination [Dkt. No. 47] is

DENIED.
4.

Defendant Trinity Event Staffing’s Motion to Dismiss Plaintiff’s Original

Complaint [Dkt. No. 56] is DENIED.
5.

Plaintiff’s Motions to Strike [Dkt. Nos. 63 & 64] is DENIED as moot.

SO ORDERED this 22nd day of September, 2016.

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DAVID C. GODBEY
UNITED STATES DISTRICT JUDGE