Obinyan v. Prime Therapeutics LLC et al

Filing 95

ORDER denying as moot 61 MOTION for Default Judgment against Alliance Rx Walgreen Prime filed by Okoeguale Obinyan; granting 62 MOTION to Set Aside Default of Walgreens Specialty Pharmacy Holdings, LLC, Incorrectly Named as Alliance Rx Walgreen P rime filed by Alliance Rx Walgreen Prime; and adopting 87 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Senior Judge Sidney A Fitzwater on 8/13/2019) (Senior Judge Sidney A Fitzwater) (Main Document 95 replaced on 8/13/2019) (Fitzwater, Sidney).

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

PRIME THERAPEUTICS LLC, ET AL.,
DEFENDANTS.

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CASE NO. 3:18-CV-0933‐D

ORDER
The United States Magistrate Judge made findings, conclusions, and a recommendation in
this case on June 26, 2019. Plaintiff filed objections on July 23, 2019 and August 8, 2019, and the
court has made a de novo review of those portions of the proposed findings and recommendation
to which objection was made. Assuming arguendo that the objections are timely, they are overruled,
and the court adopts the findings, conclusions, and recommendation of the United States Magistrate
Judge.
Accordingly, the October 24, 2018 motion of defendant Walgreens Specialty Pharmacy
Holdings, LLC (“WSPH”), incorrectly named as “Alliance Rx Walgreen Prime,” to set aside entry
of default is granted, and plaintiff’s motion for a default judgment is denied as moot. WSPH must
file a responsive pleading to plaintiff’s complaint within 14 days of the date of this order.
SO ORDERED.
August 13, 2019.

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SIDNEY A. FITZWATER
SENIOR JUDGE