Doe v. City of Springtown et al, No. 4:2019cv00166 - Document 44 (N.D. Tex. 2019)

Court Description: ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: 2 MOTION to Dismiss, 26 Findings and Recommendations on Motion re: 2 Motion to Dismiss filed by City of Springtown and 6 Dismiss for Failure to State a Claim, filed by Springtown Independent School District, 6 Motion to Dismiss for Failure to State a Claim. The Court OVERRULES Plaintiff's and Defendants' Objections regarding the Magistrate Judge's Findin gs and Conclusions and ACCEPTS the Recommendation of the Magistrate Judge that the motions to dismiss be denied as moot if Plaintiff timely filed an amended complaint. Therefore, it is ORDERED that City's and SIDS's motions to dismiss (ECF Nos. 2, 6) are hereby DENIED as moot. (Ordered by Judge Mark Pittman on 11/1/2019) (npk)

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Doe v. City of Springtown et al Doc. 44 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION JANE DOE, Plaintiff, v. CITY OF SPRINGTOWN, et al., Defendants. § § § § § § § § § Civil Action No. 4:19-cv-00166-P ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Before the Court are the Findings, Conclusions, and Recommendation (“FCR”) of the United States Magistrate Judge (ECF No. 26), filed August 26, 2019; Defendant Springtown Independent School District’s (“SISD”) Objections thereto (ECF No. 28), filed September 5, 2019; Defendant City of Springtown’s (“City”) Objections thereto (ECF No. 29), filed September 6, 2019; and Plaintiff Jane Doe’s Objections thereto (ECF No. 35), filed September 12, 2019. Following a de novo review of the FCR, the parties’ objections, applicable law, and all relevant matters in the record of this case, and in light of the filing of Plaintiff’s First Amended Complaint (ECF No. 33), the Court OVERRULES Plaintiff’s and Defendants’ Objections regarding the Magistrate Judge’s Findings and Conclusions and ACCEPTS the Recommendation of the Magistrate Judge that the motions to dismiss be denied as moot if Plaintiff timely filed an amended complaint. Dockets.Justia.com Therefore, it is ORDERED that City’s and SIDS’s motions to dismiss (ECF Nos. 2, 6) are hereby DENIED as moot. SO ORDERED on this 1st day of November, 2019. _________________________________ Mark T. Pittman UNITED STATES DISTRICT JUDGE 2

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