Clark v. OutBack Steakhouse of Florida, LLC, et al, No. 4:2021cv00966 - Document 27 (E.D. Tex. 2022)

Court Description: MEMORANDUM OPINION AND ORDER granting 13 MOTION to Dismiss Negligence Claim filed by Outback Steakhouse of Florida LLC, Bloomin' Brands Inc. Plaintiff Nancy Clark's claim for negligence is DISMISSED. Signed by District Judge Sean D. Jordan on 6/10/2022. (mec)

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Clark v. OutBack Steakhouse of Florida, LLC, et al Doc. 27 Case 4:21-cv-00966-SDJ-CAN Document 27 Filed 06/10/22 Page 1 of 1 PageID #: 143 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION NANCY CLARK v. OUTBACK STEAKHOUSE OF FLORIDA LLC, ET AL. § § § § § § CIVIL CASE NO. 4:21-CV-966-SDJ MEMORANDUM ADOPTING THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Came on for consideration the Report and Recommendation of the United States Magistrate Judge (“Report”), this matter having been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. On May 19, 2022, the Report of the Magistrate Judge, (Dkt. #26), was entered containing proposed findings of fact and recommendations that Defendants Outback Steakhouse of Florida LLC d/b/a Outback Steakhouse and Bloomin Brands Inc.’s Rule 12(b)(6) Motion to Dismiss . Negligence Claim, (Dkt. #13), be granted. Having assessed the Report, and no objections thereto having been timely filed, the Court determines that the Magistrate Judge’s Report should be adopted. It is therefore ORDERED that Defendants Outback Steakhouse of Florida LLC d/b/a Outback Steakhouse and Bloomin Brands Inc.’s Rule 12(b)(6) Motion to Dismiss Negligence Claim, (Dkt. #13), is GRANTED. Plaintiff Nancy Clark’s claim for negligence is DISMISSED. So ORDERED and SIGNED this 10th day of June, 2022. ____________________________________ SEAN D. JORDAN UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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