Summary
denying defendants' 12(c) motion for judgment on the pleadings but granting the plaintiff leave to amend
Summary of this case from Victory Med. Ctr. Beaumont, L.P. v. Conn. Gen. Life Ins. Co.Opinion
CIVIL ACTION NO. 3:16-CV-2782-G (BN)
03-13-2017
FAISEL SALEH, Plaintiff, v. TIME WARNER CABLE, Defendant.
ORDER ADOPTING FINDINGS , CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. See docket entry 27. An objection was filed by plaintiff. See docket entry 28. The district court reviewed de novo those portions of the proposed findings, conclusions, and recommendation to which objection was made, and reviewed the remaining proposed findings, conclusions, and recommendation for plain error. Finding no error, the court ACCEPTS the findings, conclusions, and recommendation of the United States Magistrate Judge.
The court GRANTS defendant's Federal Rule of Civil Procedure 12(c) motion for judgment on the pleadings (docket entry 13) but allows plaintiff leave to file an amended complaint and notes that during the pendency of the findings, conclusions, and recommendation plaintiff did, in fact, file a new motion seeking leave to amend his complaint in this action, see docket entry 29.
As to plaintiff's motion to dismiss this action without prejudice, see docket entry 19, through plaintiff's objection, along with his filing of another motion seeking leave to amend his complaint in this action, plaintiff has made clear his intent to continue to prosecute the current action. As such, plaintiff's motion to dismiss (docket entry 19) is DENIED as moot.
The court further DENIES plaintiff's motion to transfer (docket entry 25) and RECOMMITS this action to Judge Horan for pretrial management.
SO ORDERED. March 13, 2017.
/s/ _________
A. JOE FISH
Senior United States District Judge