Hack v. Wright

KEITH P. ELLISON UNITED STATES DISTRICT JUDGE

ORDER ADOPTING REPORT AND RECOMMENDATION

Pending before the Court is Defendants' Motion to Dismiss (Doc. No. 29), which had been referred to Magistrate Judge Dena Hanovice Palermo for a report and recommendation. On May 29, 2019, Judge Palermo issued the Report and Recommendation on Plaintiff's Motion to Remand (Doc. No. 40), recommending that the Motion to Dismiss be granted. The time for filing objections has passed, and no objections were filed.

Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Report and Recommendation for clear error. Finding no clear error, the Court adopts the Report and Recommendation in its entirety. Accordingly, Defendants' Motion to Dismiss (Doc. No. 29) is hereby granted. Plaintiff is granted leave to amend by July 19, 2019. Plaintiff is ordered to notify the Court, no later than July 1, 2019:

a. Whether he will amend the complaint based on documents Defendants recently produced, or

b. Whether he intends to make a Section 220 demand, and

c. Whether he needs a stay for the company to respond to his demand.

IT IS SO ORDERED.

SIGNED at Houston, Texas, on this the 5th day of July, 2019.

/s/_________

KEITH P. ELLISON

UNITED STATES DISTRICT JUDGE