Flander v. KForce Inc et al
Filing
99
ORDER entered ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 27 First MOTION for Summary Judgment, 33 MOTION to Dismiss Plaintiff's Complaint, 56 Memorandum and Recommendations,, 32 MOTION to Dismiss and Brief in Support. Final judgment to be entered by separate order. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
SUSAN FLANDER,
Plaintiff,
v.
KFORCE, INC., ROBYN DYCK,
JIM SYKES, and JP MORGAN CHASE,
Defendants.
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CIVIL ACTION NO. H-12-713
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
This court has reviewed the Memorandum and Recommendation for Dismissal of the United
States Magistrate Judge signed on November 1, 2012, as well as the plaintiff’s sets of objections.
This court has made a de novo determination of the Magistrate Judge’s recommended rulings and
the objections to those recommendations. Rule 72(b), Fed. R. Civ. P.; 28 U.S.C. § 636(b)(1)(C);
United States v. Wilson, 864 F.2d 1219 (5th Cir. 1989). Based on the pleadings, the record, and the
applicable law, the court adopts the Memorandum and Recommendation as this court’s
Memorandum and Order. This court finds and concludes that JPMorganChase, Jim Sykes, and
Kforce were not properly served. This court finds and concludes that the plaintiff has failed to state
a claim against Robyn Dyck as to which relief can be granted and that amendment of her pleadings
would be futile. Finally, this court finds and concludes that even if JPMorganChase, Sykes, and
Kforce had been properly served, the plaintiff has failed to state a claim against them and could not
do so if given leave to amend. Accordingly, the defendants’ motion to dismiss are granted; the
plaintiff’s motion for summary judgment, motion for a default judgment, and motion to quash are
denied; and this case is dismissed, with prejudice. Final judgment is entered by separate order.
SIGNED on November 19, 2012, at Houston, Texas.
______________________________________
Lee H. Rosenthal
United States District Judge
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