Summary
finding that "[d]espite default, it would be 'incongruous and unfair' to allow the other defendants to prevail against Plaintiff while entering judgment in his favor against Paramount on the same issues under the same allegations"
Summary of this case from Crop Prod. Servs., Inc. v. KeeleyOpinion
Civil Action No. 3:12-CV-4686-M (BH)
09-29-2014
JOHN E. SHAUNFIELD, Plaintiff, v. PARAMOUNT RECOVERY SYSTEMS, Defendant.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing the Findings, Conclusions, and Recommendation of the United States Magistrate Judge for plain error, I am of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.
Plaintiff's Motion for Default Judgment Against Paramount Recovery Systems, filed January 25, 2014 (doc. 130), is DENIED. By separate judgment, all of the plaintiff's claims against the final remaining defendant, Paramount Recovery Systems, will be DISMISSED with prejudice for failure to state a claim.
SO ORDERED this 29th day of September, 2014.
/s/_________
BARBARA M. G. LYNN
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS