United States Department of Labor v. Peba Oil & Gas, Inc. et al

Filing 11

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. After reviewing the Findings, Conclusions, and Recommendation of the United States Magistrate Judge for plain error, I am of the opinion that the Findings and Conclusi ons of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. Accordingly, Defendants Motion to Dismiss Plaintiffs Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) and Memorandum in Support Thereof (ECF No. 5) is DENIED without prejudice. (Ordered by Chief Judge Barbara M.G. Lynn on 2/28/2018) (trt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
WICHITA FALLS DIVISION
R. ALEXANDER ACOSTA,
Secretary of Labor,
United States Department of Labor
Plaintiff,
v.
PEBA OIL AND GAS, INC., and
ELLIS “PETE” HORTON,
Defendants.

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Civil Action No. 7:17-CV-00156-M-BP

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing the Findings, Conclusions, and Recommendation of the United States
Magistrate Judge for plain error, I am 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.
Accordingly, Defendants’ Motion to Dismiss Plaintiff’s Complaint Pursuant to Federal
Rule of Civil Procedure 12(b)(6) and Memorandum in Support Thereof (ECF No. 5) is DENIED
without prejudice.
SIGNED this 28th day of February, 2017.