Opinion
Civil Action No. 4:15-CV-00415
06-28-2016
TINA HERNANDEZ v. WAL-MART STORES TEXAS, LLC
(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 June 1, 2016, the report of the Magistrate Judge (Dkt. #25) was entered containing proposed findings of fact and recommendations that Defendant's Motion for Sanctions for Failure to Appear at Court Ordered Deposition (Dkt. #21) be granted in part and denied in part.
Having received the report of the United States 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's Motion for Sanctions for Failure to Appear at Court Ordered Deposition (Dkt. # 21) is GRANTED IN PART AND DENIED IN PART. Defendant's request for sanctions and/or attorney's fees under Rule 37 is DENIED. Plaintiff's claims are DISMISSED without prejudice under Rule 41(b).
All relief not previously granted is DENIED. The Clerk is directed to CLOSE this civil action.
IT IS SO ORDERED. SIGNED this 28th day of June, 2016.
/s/_________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE