Hicks v. Dallas County Community Colleges
Filing
44
ORDER granting 13 Motion to Dismiss; granting 24 Motion to Strike; denying 33 Motion for Summary Judgment; adopting in part Report and Recommendations re 38 Findings and Recommendations on Case; granting plaintiff 28 days to replead and to effect proper service. (Ordered by Judge Sidney A Fitzwater on 12/28/2017) (Judge Sidney A Fitzwater)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
AMY M. HICKS,
Plaintiff,
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v.
DALLAS COUNTY COMMUNITY
COLLEGES,
Defendant.
Civil Action No. 3:17-CV-0809-D
ORDER
After making an independent review of the pleadings, files, and records in this case, the
findings, conclusions, and recommendation of the magistrate judge, and plaintiff’s objections and
defendant’s opposition to plaintiff’s objections, the court concludes that the findings and conclusions
are correct in part. It is therefore ordered that the findings, conclusions, and recommendation of the
magistrate judge are adopted in part as follows.
Defendant’s May 30, 2017 motion to dismiss plaintiff’s complaint under Rules 12(b)(5) and
12(b)(6) is granted. Plaintiff is given 28 days from the date of this order to file a second amended
complaint* and to effect proper service of the summons and second amended complaint on
defendant.
Defendant’s July 11, 2017 motion to strike is granted.
*As the magistrate judge noted in her findings, conclusions, and recommendation, plaintiff’s
verified answers to the magistrate judge’s questionnaire constitute an amendment to the complaint.
Accordingly, the amended complaint required by this order will be treated as plaintiff’s second
amended complaint.
Plaintiff’s August 25, 2017 motion for summary judgment is denied as moot.
SO ORDERED.
December 28, 2017.
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SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE
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