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Gordon v. Lowe's Home Ctrs.

United States District Court, Southern District of Texas
Nov 21, 2023
Civil Action 4:22-CV-04109 (S.D. Tex. Nov. 21, 2023)

Opinion

Civil Action 4:22-CV-04109

11-21-2023

TREMAINE GORDON AND CYNTHIA L. COVINGTON, Plaintiffs, v. LOWE'S HOME CENTERS, LLC, THOMAS WILLTROUT, AND GOLDIE NICKELSON, Defendants.


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

DREW B. TIPTON, UNITED STATES DISTRICT JUDGE.

Pending before the Court is the October 13, 2023 Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Peter Bray. (Dkt. No. 50). Judge Bray made findings and conclusions and recommended that Defendants' Motion for Partial Dismissal of Plaintiff Tremaine Gordon's Amended Complaint, (Dkt. No. 29), and Defendants' Motion for Partial Dismissal of Plaintiff Cynthia L. Covington's Amended Complaint, (Dkt. No. 30), be denied. (Dkt. No. 50).

The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005). No plain error appears.

Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court. It is therefore ordered that Judge Bray's M&R (Dkt. No. 50) is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and

(1) Defendant's Motion for Partial Dismissal of Plaintiff Tremaine Gordon's Amended Complaint is DENIED; and
(2) Defendants' Motion for Partial Dismissal of Plaintiff Cynthia Covington's Amended Complaint is DENIED.

It is SO ORDERED.


Summaries of

Gordon v. Lowe's Home Ctrs.

United States District Court, Southern District of Texas
Nov 21, 2023
Civil Action 4:22-CV-04109 (S.D. Tex. Nov. 21, 2023)
Case details for

Gordon v. Lowe's Home Ctrs.

Case Details

Full title:TREMAINE GORDON AND CYNTHIA L. COVINGTON, Plaintiffs, v. LOWE'S HOME…

Court:United States District Court, Southern District of Texas

Date published: Nov 21, 2023

Citations

Civil Action 4:22-CV-04109 (S.D. Tex. Nov. 21, 2023)