Perez v. Disney Corporation

Filing 54

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION re: Granting #7 MOTION to Dismiss #1 Complaint MOTION for More Definite Statement. All other pending motions are denied as moot. (Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)

Case 4:21-cv-00765 Document 54 Filed on 02/09/22 in TXSD Page 1 of 2
United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ALEJANDRO EVARISTO PEREZ,
Plaintiff,
VS.
DISNEY CORPORATION, et al.,
Defendants.

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February 09, 2022
Nathan Ochsner, Clerk

CIVIL ACTION NO. 4:21-CV-00765

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
Before the Court is the Motion to Dismiss filed by Defendant The Walt Disney Company
(“TWDC”). (Doc. 7.) This case was referred to Magistrate Judge Sam Sheldon in accordance with
28 U.S.C. § 636(b)(1), the Cost and Delay Reduction Plan under the Civil Justice Reform Act, and
Federal Rule of Civil Procedure 72. (Doc. 18.) On November 15, 2021, Judge Sheldon issued a
Memorandum and Recommendation (M&R), recommending that TWDC’s Motion to Dismiss be
granted. (Doc. 42). Plaintiff filed his objections on November 26, 2021. (Doc. 43.) TWDC filed
its response on December 10, 2021. (Doc. 45.) Plaintiff filed his reply in support of his objections
on December 15, 2021. (Doc. 48.) The case was reassigned to this Court after Judge Eskridge’s
recusal on January 24, 2022. The Court held a hearing on Plaintiff’s objections on February 8,
2022.
As required by 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of the
portions of the M&R to which Plaintiff has objected. However, the Court agrees with the
conclusions, and the reasoning, of the M&R. Accordingly, the Court hereby ADOPTS the M&R
in full. It is therefore ORDERED that: (1) Plaintiff’s objections to the M&R (Doc. 43) are

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Case 4:21-cv-00765 Document 54 Filed on 02/09/22 in TXSD Page 2 of 2

OVERRULED; (2) Defendant’s Motion to Dismiss (Doc. 7) is GRANTED; (3) the case is
DISMISSED WITH PREJUDICE; and (4) all other pending motions are DENIED AS MOOT.
IT IS SO ORDERED
SIGNED at Houston, Texas, on this the 9th day of February, 2022.

_______________________________
KEITH P. ELLISON
UNITED STATE DISTRICT JUDGE

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