Menard v. St. Joseph Emergency Physicians, PLLC et al

Filing 33

ORDER ADOPTING 32 Amended Memorandum and Recommendations, GRANTING 22 MOTION to Dismiss . Menard's claims against Emergency Physicians are DISMISSED, and Menard's premises liability claim against St. Joseph's is DISMISSED. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

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United States District Court UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Southern District of Texas ENTERED March 22, 2017 David J. Bradley, Clerk JULIA MENARD , Plaintiff, v. ST . JOSEPH EMERGENCY PHYSICIANS, PLLC, and ST . JOSEPH CENTER LLC, d/b/a ST . JOSEPH MEDICAL CENTER, Defendant. § § § § § § § § § § § CIVIL ACTION H-16-800 O RDER Pending before the court is an amended memorandum, recommendation and order (“M&R”) in which the Magistrate Judge recommends that defendant St. Joseph Emergency Physicians, PLLC’s (“Emergency Physicians”) motion to dismiss (Dkt. 22) be granted and recommends, sua sponte, that plaintiff Julia Menard’s premises liability claim against defendant St. Joseph Medical Center, LLC (“St. Joseph’s”) also be dismissed. Dkt. 32. Neither Menard nor either defendant filed objections to these recommendations. After reviewing the motion, related documents, and the applicable law, the court is of the opinion that there is no clear error and that the M&R should be adopted. See Fed. R. Civ. P. 72, Advisory Committee Notes (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”). Accordingly, the amended M&R (Dkt. 32) is ADOPTED IN FULL. Emergency Physicians’ motion to dismiss (Dkt. 22) is GRANTED. Menard’s claims against Emergency Physicians are DISMISSED, and Menard’s premises liability claim against St. Joseph’s is DISMISSED. Signed at Houston, Texas on March 22, 2017. ___________________________________ Gray H. Miller United States District Judge

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