Obinyan v. Prime Therapeutics LLC et al

Filing 75

ORDER granting 35 Motion to Dismiss for Failure to State a Claim; granting 41 Motion to Dismiss for Failure to State a Claim; terminating 41 Motion to Dismiss for Lack of Jurisdiction. ; adopting Report and Recommendations re 74 Finding s and Recommendations on Case.; terminating 9 Motion to Dismiss for Failure to State a Claim; granting 19 Motion to Dismiss. Party Robert Half International Inc, Walgreens, Penelope Boyd Gear (Director of Pharmacy Receivables ) and Mark Mas on (CPA Financial Executive Robert Half Management Resources ) terminated. 74 Findings and Recommendations,,, 35 Dismiss for Failure to State a Claim, filed by Robert Half International Inc, 19 Motion to Dismiss, filed by Robert Ha lf International Inc, 9 Dismiss for Failure to State a Claim filed by Prime Therapeutics LLC, 32 Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction filed by Walgreens, 41 Dismiss for Failure to State a Claim, Mo tion to Dismiss/Lack of Jurisdiction filed by Penelope Boyd Gear terminated. ; granting 32 Motion to Dismiss for Failure to State a Claim; terminating 32 Motion to Dismiss for Lack of Jurisdiction. (Ordered by Senior Judge Sidney A Fitzwater on 1/18/2019) (Senior Judge Sidney A Fitzwater)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
OKOEGUALE OBINYAN,

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Plaintiff,
VS.
PRIME THERAPEUTICS LLC, et al.,
Defendants.

Civil Action No. 3:18-CV-0933-D

ORDER
The court referred the following motions to the United States Magistrate Judge for
recommendation: (1) defendant Prime Therapeutics LLC’s (“Prime’s”) motion to dismiss, filed June
1, 2018; (2) defendant Robert Half International Inc.’s (“Robert Half’s”) motion to dismiss, filed
June 21, 2018; (3) defendant Walgreens Co.’s (“Walgreens’”) motion to dismiss, filed August 21,
2018; (4) defendant Mark Mason’s (“Mason’s”) motion to dismiss, filed August 22, 2018; and (5)
defendant Penelope Boyd-Gear’s (“Boyd-Gear’s ”) motion to dismiss, filed August 30, 2018. The
magistrate judge filed her findings, conclusion, and recommendation on December 13, 2018.
Plaintiff has not filed an objection.
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
findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and
recommendation of the magistrate judge are adopted.
Accordingly, the motions to dismiss of defendants Walgreens, Robert Half, Mason, and
Boyd-Gear are granted, and plaintiff’s actions against these defendants are dismissed with prejudice
by Fed. R. Civ. P.54(b) judgment filed today.

Defendant Prime’s motion to dismiss for insufficient service of process is granted to the
extent that plaintiff has 21 days from the date of this order to properly effectuate service of process
on Prime. If plaintiff fails to do so, the court may dismiss his claims against Prime without further
notice for failure to prosecute. Prime’s motion to dismiss plaintiff’s complaint pursuant to Rule
12(b)(6) is denied without prejudice.
SO ORDERED.
January 18, 2019.

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SIDNEY A. FITZWATER
SENIOR JUDGE