Starrett v. Lockheed Martin Corporation et al

Filing 61

Order Adopting 53 Findings, Conclusions, and Recommendations of the United States Magistrate Judge. It is ordered that defendants Lawrence Livermore National Security, LLC's alternative motion to quash [ECF No. 9 ] and Sandia Corporation's alternative motion to quash [ECF No. 10 ] are granted. The court denies without prejudice the motions to dismiss of Lawrence Livermore and Sandia. (Ordered by Judge Sidney A Fitzwater on 9/19/2017) (rekc)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
WILLIAM HENRY STARRETT, JR.,
Plaintiff,
v.
LOCKHEED MARTIN
CORPORATION, et al.,
Defendants.

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No. 3:17-CV-0988-D

ORDER
The court has considered the magistrate judge’s findings, conclusions, and recommendation
filed August 16, 2017 and plaintiff’s objections filed August 17, 2017. After making an independent
review of the pleadings, files, and records in this case, and the findings, conclusions, and
recommendation of the magistrate judge, the court concludes that the recommendation of the
magistrate judge is correct and is adopted. As this court has said before in this case, see, e.g., Aug.
1, 2017 order at 1, service must be performed by a person who is not a party in the case.
Accordingly, it is ordered that defendants Lawrence Livermore National Security, LLC’s
(“Lawrence Livermore’s”) alternative motion to quash [ECF No. 9] and Sandia Corporation’s
(Sandia’s”) alternative motion to quash [ECF No. 10] are granted, and plaintiff’s service of process
on Lawrence Livermore and Sandia is quashed. Plaintiff must effectuate proper service of process
on Lawrence Livermore and Sandia within 28 days of the date this order is filed.
The court denies without prejudice the motions to dismiss of Lawrence Livermore [ECF No.
9] and Sandia [ECF No. 10].
SO ORDERED.
September 19, 2017.
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SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE