Opinion
Civil Action 3:20-CV-3455-G-BN
07-20-2021
SAMUEL E. GRIFFITH, Plaintiff, v. CINEPOLIS USA, INC., and BRINKER INTERNATIONAL, INC., Defendants.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
A. JOE FISH, SENIOR UNITED STATES DISTRICT JUDGE
On June 28, 2021, the United States Magistrate Judge made findings, conclusions, and a recommendation in this case. No objections were filed. However, on July 11, 2021, the plaintiff Samuel E. Griffith (“Griffith”) filed an amended complaint without leave of court. The district court reviewed the proposed findings, conclusions, and recommendation for plain error. Finding none, the court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge.
The court therefore GRANTS IN PART and DENIES IN PART the motion to dismiss or, in the alternative, for a more definite statement filed by the defendant Brinker International, Inc. (“Brinker”) (docket entry 7) insofar as the court DISMISSES Griffith's claims against Brinker for failure to plausibly allege a claim. Because the court agrees that Griffith should be allowed leave to file an amended complaint, and because he has already exercised that leave, this case is returned to the United States Magistrate Judge for further pretrial management.
SO ORDERED.