Summary
finding that the TCPA's basis for dismissal is substantive and does not conflict with the Federal Rules of Civil Procedure
Summary of this case from Sw. Airlines Co. v. Roundpipe, LLCOpinion
CIVIL ACTION NO. 6:16-cv-51 MHS-JDL
05-27-2016
AMANDA ALLEN, Plaintiff, v. DR. JOE DONALD HEATH, in his individual and official capacities, HANNAH HEARN, and NWPROPERTY MANAGEMENT, LLC d/b/a NWP MANAGEMENT, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
On May 6, 2016, United States Magistrate Judge John D. Love issued a Report and Recommendation, recommending that the undersigned GRANT-IN-PART and DENY-IN-PART Defendants Hannah Hearn ("Defendant" or "Ms. Hearn") and NWProperty Management, LLC's ("Defendant" or "NWP") (collectively "Defendants") Motion to Dismiss pursuant to the Texas Citizens Participation Act ("TCPA") (Doc. No. 3). (Doc. No. 52.) Specifically, the Magistrate Judge recommended granting Defendants' motion with respect to Plaintiff's negligence claim, but recommended denying the motion with respect to Plaintiff's defamation and tortious interference claims. (Doc. No. 52, at 8-16.) No objections to the Report and Recommendation were filed during the prescribed objection period.
The Court, having reviewed the Magistrate Judge's findings and conclusions, is of the opinion that the findings and conclusions of the Magistrate Judge are correct. Therefore, the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly ORDERED that Defendants' Motion (Doc. No. 3) is GRANTED with respect to Plaintiff's negligence claim and DENIED with respect to Plaintiff's tortious interference and defamation claims. It is further ORDERED that the related motion to stay (Doc. No. 14) be DENIED as moot. SIGNED this 27th day of May, 2016.
/s/_________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE