Opinion
Civil Action No. 3:19-CV-02911-X-BN
07-06-2020
CARILINE MERISIER, Plaintiff, v. JOHNSON COUNTY, TEXAS, et. al., Defendants.
ORDER ACCEPTING FINDINGS , CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. No objections were filed. The Court reviewed the proposed findings, conclusions, and recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the Magistrate Judge.
The Court therefore GRANTS defendants Denton County Criminal District Attorney's Office and Michael Dickens' motion to transfer venue [Doc. No. 11] and SEVERS Counts IV, V, VI, VII, VIII, IX, X, and XI in plaintiff Cariline Merisier's first amended complaint [Doc. No. 5] against defendants Denton County Criminal District Attorney's Office, Michael Dickens, TXFM, Inc., and Casey McGregor and TRANSFERS those aspects of this case to the Sherman Division of the Eastern District of Texas.
Accordingly, the Court also DISMISSES AS MOOT and without prejudice to their refiling in the Sherman Division of the Eastern District of Texas the following motions now pending in this district: (1) defendants Denton County Criminal District Attorney's Office and Michael Dickens's motion to dismiss Merisier's claims against them under Federal Rule of Civil Procedure 12(b)(6) [Dkt Nos. 13 & 14]; (2) their motion to stay discovery [Dkt. No. 15]; and (3) defendant TXFM, Inc.'s motion to dismiss Merisier's claims against it under Federal Rules of Civil Procedure 12(b)(3) and 12(b)(6) [Dkt. No. 18].
IT IS SO ORDERED this 6th day of July, 2020.
/s/_________
BRANTLEY STARR
UNITED STATES DISTRICT JUDGE