Robinson v. CSL Plasma Center

Filing 36

Order Accepting 35 Findings and Recommendations re: 21 Motion for Summary Judgment, Motion to Amend/Correct filed by Neiman V Robinson, 17 Motion for Judgment filed by CSL Plasma Center. (Ordered by Senior Judge A. Joe Fish on 9/16/2022) (ndt)

Case 3:21-cv-02520-G-BH Document 36 Filed 09/16/22

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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

NEIMAN V. ROBINSON,
Plaintiff,
VS.
CSL PLASMA CENTER,
Defendant.

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CIVIL ACTION NO.
3:21-CV-2520-G-BH

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the
Findings, Conclusions, and Recommendation of the United States Magistrate Judge
and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the
undersigned District Judge is of the opinion that the Findings and Conclusions of the
Magistrate Judge are correct. and they are accepted as the Findings and Conclusions
of the court.
Defendant CSL Plasma Center’s motion for judgment on the pleadings, filed
April 6, 2022 (docket entry 17), is GRANTED in part based on the statute of
limitations; its motion for judgment on the pleadings and request for attorney’s fees
based on TEX. CIV. PRAC. & REM. CODE § 74.351 of the Texas Medical Liability Act is

Case 3:21-cv-02520-G-BH Document 36 Filed 09/16/22

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DENIED. The plaintiff’s motion for summary judgment, filed April 7, 2022 (docket
entry 21), is DENIED as moot. By separate judgment, the plaintiff’s claims will be
DISMISSED with prejudice as barred by the statute of limitations.
SO ORDERED.
September 16, 2022.
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A. JOE FISH
Senior United States District Judge

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