Terry v. Inocencio

Full title: KESHA TERRY, et al., Plaintiff, v. ROSEMARY INOCENCIO, et al., Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Date published: Sep 22, 2014

Civil No. 3:11-CV-0660-K-BK (N.D. Tex. Sep. 22, 2014)

Opinion

Civil No. 3:11-CV-0660-K-BK

09-22-2014

KESHA TERRY, et al., Plaintiff, v. ROSEMARY INOCENCIO, et al., Defendants.

ED KINKEADE UNITED STATES DISTRICT JUDGE

ORDER ACCEPTING THE FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. Plaintiff filed objections on September 12, 2014, and the District Court has made a de novo review of those portions of the proposed findings, conclusions, and recommendation to which objection was made. The objections are overruled and the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge.

"It is settled that the district court has authority to grant summary judgment in favor of non-moving defendants, provided that the plaintiff has had adequate notice and opportunity to present its evidence." Marriott Bros. v. Gage, 911 F.2d 1105, 1107-08 (5th Cir. 1990). Plaintiffs alleged all of their causes of action against Defendants collectively. Doc. 142 at 8-9. As plaintiffs specifically had the opportunity to respond to Chivas Square's motion on the merits of all their FHA claims, they could not now be heard to "argue that they would have presented other facts with regard to the defendants who did not move for summary judgment." Id. at 1108 (quoting Marriott Bros. v. Gage, 717 F. Supp. 458, 461 (N.D. Tex. 1989) (Fish, J.)).

Thus, the Court may also grant summary judgment to the non-moving defendants, Carol Boyd and Rosemary Inocencio, in conjunction with granting summary judgment to Chivas Square.

SO ORDERED.

Signed September 22^nd, 2014.

/s/_________

ED KINKEADE

UNITED STATES DISTRICT JUDGE