Dillon v. Tushig, Inc. et al

Filing 22

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: the Magistrate Judge's 21 Memorandum and Recommendation is hereby ADOPTED by this court. ORDERED that Plaintiff's 18 Second MOTION for Default Judgment is GRANTED IN PART and this Court enters Judgment by default against against Defendant Tushig Inc. and in favor of Plaintiff. The material allegations of Plaintiff's Original Petition are deemed admitted as to Defendant Tushig, Inc. ORDERED that Plaintiff's 12 MOTION for Default Judgment and 17 Supplemental MOTION for Default Judgment are DENIED AS MOOT. ORDERED that Plaintiffs remaining claims against the John Doe Defendant are DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil Procedure 4(m). (Signed by Judge Sim Lake) Parties notified. (sra4)

United States District Court

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JYHEIM DILLON,

Plaintiff,
V.

TUSHIG, INC. AND JOHN DOE,

Defendants.

§
§
§
§
§
§
§

Southern District of Texas

ENTERED
January 07, 2025
Nathan Ochsner, Clerk

CIVIL ACTION NO. 4:24cv1253

ORDER ADOPTING MAGISTRATE JUDGE'S
MEMORANDUM AND RECOMMENDATION
Having reviewed the Magistrate Judge's Memorandum and Recommendation dated December
20, 2024 (Dkt. 21) and no party having filed objections thereto, the Court is of the opinion that said
Memorandum and Recommendation should be adopted by this Court.
It is therefore ORDERED that the Magistrate Judge's Memorandum and Recommendation is
hereby ADOPTED by this court.
It is further ORDERED that Plaintiffs Second Motion for Default Judgment (Dkt. 18) is
GRANTED IN PART and this Court enters Judgment by default against Defendant Tushig,Inc. and
in favor of Plaintiff. The material allegations of Plaintiffs Original Petition are deemed admitted as to
Defendant Tushig, Inc.
It is further ORDERED that Plaintiffs Motion for Default Judgment (Dkt. 12) and
Supplemental Motion for Default Judgment (Dkt. 17) are DENIED AS MOOT.
Finally,Plaintiff filed his complaint on April 4,2024. As such, Plaintiff is far past his deadline
to identify and serve the John Doe Defendant pursuant to Federal Rule of Civil Procedure 4(m),and no
good cause has been offered to extend the time for service.
Therefore, it is further ORDERED that Plaintiffs remaining claims against the John Doe
Defendant are DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil Procedure 4(m).
See Millan v. USAA Gen. Jndem. Co., 546 F.3d 321,325 (5th Cir. 2008) (Rule 4(m) permits the district
court to dismiss a case without prejudice if the plaintiff, absent good cause, fails to timely serve a
defendant.).
SIGNED at Houston,Texas this 7th day of January, 2025.

SIM LAKE
SENIOR UNITED STATES DISTRICT JUDGE