Moser et al v. Omnitrition International Inc

Filing 22

Order Accepting 17 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Accordingly, the court denies without prejudice Defendant's 5 Motion to Dismiss the Complaint. Plaintiffs' 18 First Amended Complaint, submitted 3/20/2017, is deemed filed as of that date, and the court denies as moot Defendant's 5 Motion for More Definite Statement. (Ordered by Judge Sam A Lindsay on 5/10/2017) (twd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CYNTHIA MOSER, et al.,
Plaintiffs,
v.
OMNITRON INTERNATIONAL
INC.,
Defendant.

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Civil Action No. 3:16-CV-2558-L

ORDER
Before the court is Defendant’s Motion to Dismiss the Complaint, or Alternatively, Motion
for More Definite Statement (Doc. 5), filed November 4, 2016. On February 28, 2017, United
States Magistrate Judge Paul D. Stickney entered the Findings, Conclusions, and Recommendation
of the United States Magistrate Judge (“Report”), recommending that Defendant’s Motion to
Dismiss the Complaint be denied without prejudice; Plaintiffs be allowed an opportunity to amend
their Complaint to address the deficiencies identified in the Report; and Defendant’s Motion for
More Definite Statement be denied as moot. No objections were filed to the Report.
Having reviewed the Report, motion, record, and applicable law, 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 denies without prejudice Defendant’s Motion to Dismiss the
Complaint. Plaintiffs’ First Amended Complaint (Doc. 18), submitted March 20, 2017, is deemed
filed as of that date, and the court denies as moot Defendant’s Motion for More Definite
Statement.
It is so ordered this 10th day of May, 2017.

_________________________________
Sam A. Lindsay
United States District Judge
Order – Solo Page