Opinion
CIVIL ACTION NO. 3:18-CV-00150
05-14-2019
JOE SHIELDS Plaintiff. v. GAWK INC.; SCOTT KETTLE; KENNEDY WEAVER Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
Pending before the Court are Plaintiff's Objections to the Magistrate Judge's Memorandum and Recommendation ("Objections"). Dkt. 31. On February 28, 2019, all dispositive motions were referred to Magistrate Judge Andrew M. Edison pursuant to 28 U.S.C. § 636(b)(1)(B). Dkt. 21. On April 24, 2019, Judge Edison filed a Memorandum and Recommendation (Dkt. 30) recommending that Plaintiff's 1st Amended Motion for Summary Judgment as to Defendant Kennedy Weaver (Dkt. 24) be GRANTED IN PART and DENIED IN PART.
On May 6, 2019, Plaintiff filed his Objections. In accordance with 28 U.S.C. § 636(b)(1)(C), this Court is required to "make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made." After conducting this de novo review, the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id.; see also FED. R. CIV. P. 72(b)(3).
The Court has carefully considered the Objections; the Memorandum and Recommendation; the pleadings; and the record. The Court ACCEPTS Judge Edison's Memorandum and Recommendation and ADOPTS it as the opinion of the Court. It is therefore ORDERED that:
(1) Judge Edison's Memorandum and Recommendation (Dkt. 30) be APPROVED AND ADOPTED in its entirety as the holding of the Court; and
(2) Plaintiff's 1st Amended Motion for Summary Judgment as to Defendant Kennedy Weaver (Dkt. 24) be GRANTED IN PART and DENIED IN PART and Plaintiff Joe Shields ("Shields") be awarded $500 in damages. Specifically, summary judgment is GRANTED as to Shields' claim under Section 227(b) of the Telephone Consumer Protection Act ("TCPA") and his claim under Section 305.053 of the Texas Business and Commerce Code (based on the alleged Section 227(b) violation). Summary judgment is DENIED as to Shields' claim under Section 227(c) of the TCPA and Section 305.053 of the Texas Business and Commerce Code (based on the alleged Section 227(c) violation). Moreover, Shields' request for injunctive relief is DENIED.
It is so ORDERED.
SIGNED at Galveston, Texas, this 14th day of May, 2019.
/s/_________
George C. Hanks Jr.
United States District Judge