Bossier et al v. Freese & Goss, PLLC et al

Filing 46

ORDER accepting 45 Findings, Conclusions, and Recommendation. The court grants Defendants' 39 Motion to Dismiss; dismisses without prejudice Plaintiffs' claims and will allow Plaintiffs to file the dismissed claims ascompulsory counterc laims in Case No. 3:17-CV-360-L; and denies as moot Defendants' 39 Alternative Motion to Consolidate Case with Related Case. By separate order in the related action, the court will set a deadline for Plaintiffs to amend their counterclaims. Further, the clerk of the court shall close this case, as no claims remain as a result of this order. (Ordered by Judge Sam A Lindsay on 1/29/2018) (ran)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SHEILA BOSSIER and
BOSSIER & ASSOCIATES, PLLC,
Plaintiffs,
v.
FREESE & GOSS, PLLC; RICHARD
A. FREESE; and TIM K. GOSS,
Defendants.

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Civil Action No. 3:17-CV-1454-L

ORDER
Before the court is Defendants’ Motion to Dismiss or Alternatively to Consolidate Case with
Related Case (Doc. 39), filed June 30, 2017. On October 4, 2017, United States Magistrate Judge
Renée Harris Toliver entered the Findings, Conclusions and Recommendation of the United States
Magistrate Judge (“Report”), recommending that the court grant Defendants’ Motion to Dismiss,
dismiss without prejudice Plaintiffs’ claims to being asserted as compulsory counterclaims in Case
No. 3:17-CV-360-L, and deny as moot Defendants’ Alternative Motion to Consolidate Case with
Related Case. No objections to the Report were filed.
After considering the motion, pleadings, file, the record, and Report, 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 grants Defendants’ Motion to Dismiss (Doc. 39); dismisses
without prejudice Plaintiffs’ claims and will allow Plaintiffs to file the dismissed claims as
compulsory counterclaims in Case No. 3:17-CV-360-L; and denies as moot Defendants’ Alternative
Motion to Consolidate Case with Related Case (Doc. 39). By separate order in the related action,

Order – Page 1

the court will set a deadline for Plaintiffs to amend their counterclaims. Further, the clerk of the
court shall close this case, as no claims remain as a result of this order.
It is so ordered this 29th day of January, 2018.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2