Budri v. FirstFleet Inc et al, No. 3:2019cv00409 - Document 137 (N.D. Tex. 2019)
Court Description: Order Accepting Findings and Recommendations re: 108 Findings and Recommendations on Motion re: 60 Motion to Dismiss filed by David R Beeny, Laurie Brooks, Daniel Matthew Humphreys, FirstFleet Inc. It is therefore ORDERED that the Find ings, Conclusions, and Recommendation of the Magistrate Judge are accepted. Accordingly, Defendants' Motion to Dismiss Plaintiffs Final Amended Complaint for Damages (Doc. 60 ), filed June 28, 2019, is GRANTED, and Plaintiff's claims under the STAA are DISMISSED without prejudice for lack of subject-matter jurisdiction, any claim asserted under the cats paw theory of liability is sua sponte DISMISSED with prejudice for failure to state a claim, and all of Plaintiff's remaining claims are DISMISSED with prejudice for failure to state a claim. (Ordered by Judge Ada Brown on 10/29/2019) (mcrd)
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Budri v. FirstFleet Inc et al Doc. 137 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ADRIANO KRUEL BUDRI, Plaintiff, vs. FIRSTFLEET INC., et. al, Defendants. § § § Civil Action No. 3:19-CV-00409-E-BH § § § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE’S On September 20, 2019, the Magistrate Judge entered Findings, Conclusions, and Recommendation on Defendants’ Motion to Dismiss Plaintiffs’ Final Amended Complaint for Damages (Doc. 108). Plaintiff filed timely objections on October 2, 2019 (Doc. 120) and further objections on October 5, 6, and 7, 2019 (Docs. 122, 123, 124 & 125). After making an independent review of the pleadings, files, and records in this case and the findings, conclusions, and recommendation of the Magistrate Judge in accordance with 28 U.S.C. § 636(b)(1), together with de novo review of those portions to which objection was made, the Court is of the opinion that the findings, conclusions, and recommendation are correct. It is therefore ORDERED that the Findings, Conclusions, and Recommendation of the Magistrate Judge are accepted. Accordingly, Defendants’ Motion to Dismiss Plaintiffs’ Final Amended Complaint for Damages (Doc. 60), filed June 28, 2019, is GRANTED, and Plaintiff’s claims under the STAA are DISMISSED without prejudice for lack of subject-matter jurisdiction, any claim asserted under the cat’s paw theory of liability is sua sponte DISMISSED with prejudice for failure to state a claim, and all of Plaintiff’s remaining claims are DISMISSED with prejudice for failure to state a claim. Dockets.Justia.com SO ORDERED. Signed October 29, 2019. _________________________________ ADA BROWN UNITED STATES DISTRICT JUDGE
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