Nieman v. Hale et al, No. 3:2012cv02433 - Document 30 (N.D. Tex. 2013)
Court Description: Order Accepting 29 Findings and Recommendations on Motions. The court grants Defendant's 17 Motion to Dismiss for Failure to State a Claim and dismisses Plaintiff's First Amended Complaint. Further, the court will permit Plain tiff to amend his pleadings. Plaintiff's 21 Motion for Leave to File His Second Amended is granted. Plaintiff shall file his second amended complaint by 8/6/2013. No further amendments of Plaintiff's pleadings will be permitted. (Ordered by Judge Sam A Lindsay on 7/23/2013) (tln)
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Nieman v. Hale et al Doc. 30 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JASON LEE NIEMAN, Plaintiff, v. KEITH HALE, INSURANCE SEARCH GROUP, and JOHN DOE CORPORATION, Defendants. § § § § § § § § § § Civil Action No. 3:12-CV-2433-L ORDER This case was referred to Magistrate David L. Horan, who entered Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on July 3, 2013. Regarding Defendant’s Motion to Dismiss for Failure to State a Claim (Doc. 17), filed on December 19, 2013, by Defendant Keith Hale (“Hale”) and Insurance Search Group (“ISG”) (collectively, “Recruiter Defendants”), the magistrate judge recommended that the motion to dismiss be granted and Plaintiff’s First Amended Complaint be dismissed. The magistrate judge nevertheless recommended that Plaintiff’s Motion for Leave to File His Second Amended Complaint (Doc. 21), filed April 16, 2013, should be granted. No objections to the Report were filed. Having reviewed the pleadings, file, and record in this case, and the findings and conclusions of the magistrate judge, the court determines that the findings and conclusions of the magistrate judge are correct and accepts them as those of the court. Accordingly, the court grants Defendant’s Motion to Dismiss for Failure to State a Claim (Doc. 17) and dismisses Plaintiff’s First Amended Complaint. Further, the court will permit Plaintiff to amend his pleadings. Plaintiff’s Motion for Leave to File His Second Amended Order - Page 1 Dockets.Justia.com Complaint (Doc. 21) is therefore granted. Plaintiff shall file his second amended complaint by August 6, 2013. No further amendments of Plaintiff’s pleadings will be permitted. It is so ordered this 23rd day of July, 2013. ________________________________ Sam A. Lindsay United States District Judge Order - Page 2
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