Bowling v. Childress-Herres

Full title: WANDA L. BOWLING v. RHONDA CHILDRESS-HERRES, ET AL.

Court: United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

Date published: Sep 17, 2019

Civil Action No. 4:18-CV-610 (E.D. Tex. Sep. 17, 2019)

Opinion

Civil Action No. 4:18-CV-610

09-17-2019

WANDA L. BOWLING v. RHONDA CHILDRESS-HERRES, ET AL.

AMOS L. MAZZANT UNITED STATES DISTRICT JUDGE

(Judge Mazzant/Judge Nowak) MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. On August 7, 2019, the report of the Magistrate Judge (Dkt. #125) was entered containing proposed findings of fact and recommendations that Defendant Rhonda Childress-Herres's "Second Amended Motion to Set Aside Clerk's Entry of Default, Amended Motion to Quash Service of Process, Amended Motion to Dismiss, and in the Alternative, Amended Motion for More Definite Statement" (Dkt. #108) be granted in part and denied part and Plaintiff's "Motion to Strike Rhonda Childress Herres's Three Motions to Dismiss" (Dkt. #113) be denied.

Having received the report of the Magistrate Judge, and no objections thereto having been timely filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the Court.

It is, therefore, ORDERED that Defendant Rhonda Childress-Herres's "Second Amended Motion to Set Aside Clerk's Entry of Default, Amended Motion to Quash Service of Process, Amended Motion to Dismiss, and in the Alternative, Amended Motion for More Definite Statement" (Dkt. #108) is GRANTED IN PART AND DENIED IN PART. Specifically, Defendant Childress-Herres's Motion to Set Aside the Clerk's Entry of Default is GRANTED, and the Clerk's Entry of Default against Defendant Childress-Herres is SET ASIDE. Defendant Childress-Herres's Motion to Dismiss is DENIED. Defendant Childress-Herres's Motion for More Definite Statement is GRANTED. The Magistrate Judge shall issue an order directing Plaintiff to file an amended complaint.

In light of the foregoing, it is further ORDERED that Plaintiff's Motion for Default Judgment (Dkt. #79) is DENIED AS MOOT.

IT IS SO ORDERED.

SIGNED this 17th day of September, 2019.

/s/_________

AMOS L. MAZZANT

UNITED STATES DISTRICT JUDGE