Lee v. Southwest Airlines Company

UNITED STATES DISTRICT COURT August 14, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION TAMBRIA LEE, § § Plaintiff, § § VS. § Civil Case No. 4:21-CV-01901 § SOUTHWEST AIRLINES COMPANY, § § Defendant. § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the July 27, 2023 Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Bray. (Dkt. No. 65). Magistrate Judge Bray made findings and conclusions and recommended that Defendant’s motion to dismiss the second amended complaint, (Dkt. No. 51), be denied. (Dkt. No. 65).

The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005). No plain error appears.

Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court.

It is therefore ordered that: (1) Magistrate Judge Bray’s M&R, (Dkt. 65), is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and (2) Defendants’ Motion to Dismiss, (Dkt. 51), is DENIED.

It is SO ORDERED.

Signed on August 11, 2023.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE