Summary
dismissing state law claims without prejudice based on a lack of standing
Summary of this case from Gibson v. Smithsimmons PLLCOpinion
Civil No. 3:11-CV-0726-M-BH
03-25-2014
R. LANCE FLORES, VICKI CLARKSON, Plaintiffs, v. SCOTT ANTHONY KOSTER, et. al, Defendants.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing the Findings, Conclusions, and Recommendation of the United States Magistrate Judge for plain error, I am of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.
Before the Court are Defendant Jon Divens' Motion for Judgment on the Pleadings Pursuant to F.R.C.P. 12(c), filed August 2, 2013 (doc. 368); Defendant Francis E. Wilde's Motion for Judgment on the Pleadings Pursuant to F.R.C.P. 12(c), filed August 2, 2013 (doc. 369); Defendant Maureen Wilde's Motion for Judgment on the Pleadings Pursuant to F.R.C.P. 12(c), filed August 2,2013 (doc. 371); and Defendant Steven E. Woods' Motion to Dismiss Pursuant to FED.R.CIV.P. 12(b)(2) and/or Motion for Summary Judgment Pursuant to FED.R.CIV.P. 56 and/or Motion for Judgment on the Pleadings Pursuant to FED.R.CIV.P. 12(c), filed October 10, 2013 (doc. 383). Because Plaintiffs lack standing for their RICO claims and their state law claims, the motions for judgment on the pleadings of the moving defendants are GRANTED, and all claims against them are DISMISSED. For the same reasons, the claims against the remaining defendants are also DISMISSED sua sponte. Steven E. Woods's motion to dismiss and motion for summary judgment are DENIED as moot. By separate judgment, the Plaintiffs' federal claim and state law claims will be DISMISSED without prejudice against all defendants for lack of standing.
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BARBARA M. G. LYNN
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS