Opinion
Civil Action No. 3:00-CV-2411-M.
December 21, 2001.
ORDER ACCEPTING AND AMENDING FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The Court has under consideration the Findings, Conclusions and Recommendation of United States Magistrate Judge Paul D. Stickney on Defendant Ugly Duckling, Inc.'s Motion to Dismiss pursuant to FED. R. CIV. P. 12(b)(6), filed May 16, 2001. No objections were filed. The District Court reviewed the proposed Findings, Conclusions and Recommendation for plain error. Concluding that there is no plain error, the Court accepts the Findings, Conclusions and Recommendation of the United States Magistrate Judge, except that the Court concludes the dismissal of Ugly Duckling, Inc. should be with prejudice.
Defendant Ugly Duckling, Inc.'s Motion to Dismiss pursuant to FED. R. Civ. P. 12(b)(6), filed May 16, 2001, is GRANTED and Plaintiff's claims against Ugly Duckling, Inc., a Texas Corporation, are DISMISSED WITH PREJUDICE.