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applying Simbaki to both the Title VII and the ADEA naming requirement
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CIVIL ACTION NO. 3:18-CV-00375
03-29-2021
LAURA HECKMAN, v. TRANSCANADA USA SERVICES, INC., ET AL.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
On September 10, 2019, all non-dispositive pretrial matters in this case were referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1)(A). Dkt. 65. On March 10, 2021, Judge Edison filed a memorandum and recommendation (Dkt. 110) recommending that the defendants' motion to dismiss (Dkt. 87) be denied.
On March 23, 2021, the defendants filed their objections to the memorandum and recommendation. See Dkt. 111. In accordance with 28 U.S.C. § 636(b)(1)(C), this court is required to "make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made." After conducting this de novo review, the court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id.; see also Fed. R. Civ. P. 72(b)(3).
The court has carefully considered the objections; the memorandum and recommendation; the pleadings; and the record. The court accepts Judge Edison's memorandum and recommendation and adopts it as the opinion of the court. It is therefore ordered that:
(1) Judge Edison's memorandum and recommendation (Dkt. 110) is approved and adopted in its entirety as the holding of the court; and
(2) The defendants' motion to dismiss (Dkt. 87) is denied.
Signed on Galveston Island this the 29th of March, 2021.
/s/_________
JEFFREY VINCENT BROWN
UNITED STATES DISTRICT JUDGE