Opinion
Civil Action 4:20-cv-04139
07-23-2021
DEREK ALLEN, ET AL., Plaintiffs. v. VERTAFORE, INC., Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
GEORGE C. HANKS, JR. UNITED STATES DISTRICT JUDGE
On March 18, 2021, Defendant's Motion to Dismiss Pursuant to Rule 12(b)(1) and 12(b)(6) (Dkt. 38) was referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1)(B). Dkt. 43. Judge Edison filed a Memorandum and Recommendation on June 14, 2021, recommending that Defendant's Motion to Dismiss Pursuant to Rule 12(b)(1) and 12(b)(6) (Dkt. 38) be GRANTED. See Dkt. 55.
On June 16, 2021, Plaintiffs filed their 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. 55) is APPROVED AND ADOPTED in its entirety as the holding of the Court; and
(2) Defendant's Motion to Dismiss Pursuant to Rule 12(b)(1) and 12(b)(6) (Dkt. 38)is GRANTED.
It is so ORDERED.