Opinion
Civil No. 3:08-0295.
March 10, 2009
ORDER
On February 10, 2009, the Magistrate Judge issued a Report and Recommendation (Docket No. 166), to which no timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED as follows:
1. As to the Motion to Dismiss filed by defendants TransCor America, LLC and Bill Brees (Docket No. 81), the Motion to Dismiss filed by defendant Brees (Docket No. 112), and the Renewal Motion to Dismiss filed by defendants TransCor America, LLC and Bill Brees (Docket No. 141), the motions are GRANTED as to all claims against defendant Bill Brees, and defendant Bill Brees is DISMISSED from this action; these motions are GRANTED as to the respondeat superior cause of action against TransCor (cause of action No. 3), and these motions are DENIED in all other respects.
2. The Supplemental Motion to Dismiss filed by defendants TransCor and Brees (Docket No. 139) is GRANTED as to all claims arising prior to May 10, 2006 and DENIED in all other respects.
It is so ORDERED.