Lowe v. Burlington Stores Inc, No. 3:2016cv03068 - Document 28 (N.D. Tex. 2017)

Court Description: Order Accepting 27 Findings and Recommendations re: 7 Motion to Dismiss filed by Burlington Stores Inc. Defendant's 7 Partial Motion to Dismiss is GRANTED. The Court dismisses Plaintiff's following claims: products liability ; breach of implied warranty; breach of express warranty; breach of contract; battery; assault; and violations of the Deceptive Trade Practices Act. Defendant's 24 Motion to Strike is DENIED as moot. Plaintiff is ORDERED to file a response to the court's sua sponte motion for dismissal within 21 days from the date of entry of this order. Defendant is directed not to file a responsive brief unless ordered by the Court to do so. (Ordered by Judge Jane J. Boyle on 3/29/2017) (epm)
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Lowe v. Burlington Stores Inc Doc. 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION SHERRI R. LOWE, Plaintiff, v. BURLINGTON STORES, INC., Defendant. § § § § § No. 3:16-CV-03068-B-BF ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The Court has under consideration the Findings, Conclusions, and Recommendation of United States Magistrate Judge Paul D. Stickney dated March 7, 2017. The Court has reviewed the Findings, Conclusions, and Recommendation for plain error. Finding none, the Court accepts the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. IT IS THEREFORE ORDERED that Defendant’s Partial Motion to Dismiss [ECF No. 7] is GRANTED. The Court dismisses Plaintiff’s following claims: products liability; breach of implied warranty; breach of express warranty; breach of contract; battery; assault; and violations of the Deceptive Trade Practices Act. Defendant’s Motion to Strike [ECF No. 24] is DENIED as moot. Plaintiff is ORDERED to file a response to the court’s sua sponte motion for dismissal within 21 days from the date of entry of this order. Defendant is directed not to file a responsive brief unless ordered by the Court to do so. SO ORDERED, this 29th day of March, 2017. _________________________________ JANE J. BOYLE UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com