Opinion
Case No. 6:19-CV-53-JDK-JDL
05-15-2019
TYSON AND BILLY ARCHITECTS, PC, Plaintiff, v. KINGDOM PERSPECTIVES G.P., LTD., JIM LAPORTE, and JONATHAN PINO, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
The above entitled and numbered civil action was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. § 636. On April 24, 2019, the Magistrate Judge issued a Report and Recommendation ("Report"), recommending that Defendant Kingdom Perspectives G.P., LTD.'s ("Kingdom Perspectives" or "Defendant") Motion to Dismiss Plaintiff Tyson and Billy Architects, PC's ("Tyson" or "Plaintiff") Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) be denied. Docket No. 38. The Report informed the parties that "[a] party's failure to file written objections to the findings, conclusions and recommendations contained in this Report within fourteen days after being served with a copy shall bar that party from de novo review by the district judge of those findings, conclusions and recommendations and, except on grounds of plain error, from appellate review of unobjected-to factual findings and legal conclusions accepted and adopted by the district court." Docket No. 38 at 6 (citing Douglass v. United States Auto. Ass'n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc)). The prescribed time period for objecting has passed, and no party has filed an objection to the Report. Indeed, Defendant filed its original answer in this matter on May 3, 2019. Docket No. 42. Therefore, having reviewed the Report of the Magistrate Judge, the Court agrees with the findings and conclusions therein and ADOPTS the Report. Defendant's Motion to Dismiss (Docket No. 11) is DENIED.
So ORDERED and SIGNED this 15th day of May, 2019.
/s/_________
JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE