Sierra Club v. Energy Future Holdings Corporation et al
Filing
126
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 90 Report and Recommendations and DENYING 72 Motion to Dismiss. Signed by Judge Michael H. Schneider on 9/24/2013. (sm, )
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
SIERRA CLUB
V.
ENERGY FUTURE HOLDINGS,
CORPORATION, ET AL.
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No. 5:10-cv-156-MHS-CMC
ORDER ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATE MAGISTRATE JUDGE
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. § 636. The Report of the Magistrate
Judge which contains her proposed findings of fact and recommendations for the disposition of such
actions has been presented for consideration. Defendants filed limited objections to the Report and
Recommendation (Doc. No. 91). Also before the Court are Plaintiff’s response, Defendants’ reply,
and Plaintiff’s sur-reply (Doc. Nos. 92, 94 & 95).
The Magistrate Judge issued a thorough 32-page Report and Recommendation. The Court
has conducted a de novo review of the Magistrate Judge’s findings and conclusions. Defendants’
objections are without merit. The Court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct. Therefore, the Court hereby adopts the Report of the United States
Magistrate Judge as the findings and conclusions of this Court. Accordingly, it is hereby
ORDERED that Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) by Defendants
Energy Future Holdings Corp. and Luminant Generation Company LLC (Doc. No. 72) is DENIED.
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It is further
ORDERED that Defendants’ request for a hearing on their objections is denied.
It is SO ORDERED.
SIGNED this 24th day of September, 2013.
____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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