Barlow v. The Kroger Co.

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS denying 19 MOTION for Summary Judgment , 26 Report and Recommendations (Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3)

United States District Court
Southern District of Texas

ENTERED
November 03, 2016

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
DAVID BARLOW,

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Plaintiff,
VS.
THE KROGER CO.,
Defendant.

David J. Bradley, Clerk

CIVIL ACTION NO. 3:15-CV-205

ORDER ADOPTING MAGISTRATE’S
REPORT AND RECOMMENDATION
Pending before the Court is the Report and Recommendation of United States
Magistrate Judge John Froeschner. (Dkt. 26). On July 5, 2016, this case was referred to
Judge Froeschner pursuant to 28 U.S.C. § 636. (Dkt. 20).

Pending before Judge

Froeschner was Defendant’s Motion for Summary Judgment. (Dkt. 19).
On August 16, 2016, Judge Froeschner filed a Report and Recommendation
recommending that the Defendant’s Motion for Summary Judgment be denied. No
objections have been filed to the Report and Recommendation. Accordingly, the Court
reviews the Report and Recommendation for plain error on the face of the record. 28
U.S.C. § 636(b)(1); see also, FED. R. CIV. P. 72(b)(3).
Based on the pleadings, the record and the applicable law, the Court finds that
there is no plain error apparent from the face of the record. Accordingly, it is hereby
ORDERED AND ADJUDGED that:

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(1)

Judge Froeschner’s Report and Recommendation is APPROVED AND
ADOPTED in its entirety as the holding of the Court; and

(2)

The Defendant’s Motion for Summary Judgment is DENIED.

It is so ORDERED.
SIGNED at Galveston, Texas, this 3rd day of November, 2016.
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George C. Hanks Jr.
United States District Judge

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