Jaser v. AT&T Services Inc et al

Filing 44

Order Accepting 28 Findings and Recommendations on Motion, denying 25 Motion for Leave to File, 23 Motion for Leave to File. The Court ORDERS Jaser to refrain from filing further attempts to amend his claims until the Court rules on that motion. And the Court RE-REFERS this matter to Judge Horan to enter a briefing order on that motion and to otherwise continue to manage this action for pretrial purposes. (Ordered by Judge Jane J. Boyle on 4/17/2019) (epm)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JAREER JASER,
Plaintiff,
V.
AT&T SERVICES, INC., ET AL.,
Defendants.

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No. 3:18-cv-3429-B-BN

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE MAGISTRATE JUDGE
On April 2, 2019, United States Magistrate Judge David L. Horan made findings,
conclusions, and a recommendation in this case that the Court should deny Plaintiff Jareer Jaser’s
motions for leave to file a fourth-amended complaint [Dkt. Nos. 23 & 25] without prejudice to
Jaser’s renewing a request for leave to amend his allegations only after a defendant responds to a
version of the complaint Jaser has served on that defendant [Dkt. No. 28] (the “FCR”).
Jaser nevertheless filed a fourth-amended complaint or motion for leave to do so on April 8,
2019. See Dkt. No. 30. And he filed other papers regarding the need for an injunction and
concerning his efforts to serve the defendants. See Dkt. Nos. 29, 31, 32, 33, 34, 35, 36, 39, & 40. The
Court has reviewed these filings de novo, and, to the extent that in any of them Jaser objects to the
FCR or a portion of the FCR, the Court finds no error and ACCEPTS the FCR and DENIES the
motions for leave to amend [Dkt. Nos. 23 & 25].
Further, to the extent that Jaser again moved for leave to file an amended complaint on April
8, 2019, the Court DENIES that motion for the reasons explained in the FCR. And, to the extent
that any of Jaser’s post-FCR filings renew his request for preliminary injunctive relief, the Court

DENIES that request for the reasons explained in the April 1, 2019 Order [Dkt. No. 26].
In sum, the operative complaint remains the third-amended complaint filed March 21, 2019.
See Dkt. No. 21. And, because several defendants have now moved to dismiss that complaint under
Federal Rules of Civil Procedure 8, 12(b)(4), 12(b)(5), and 12(b)(6), see Dkt. Nos. 37 & 38, the
Court ORDERS Jaser to refrain from filing further attempts to amend his claims until the Court
rules on that motion.
And the Court RE-REFERS this matter to Judge Horan to enter a briefing order on that
motion and to otherwise continue to manage this action for pretrial purposes.
SO ORDERED.
DATE: April 17, 2019
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JANE J. BOYLE
UNITED STATES DISTRICT JUDGE

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