□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT September 22, 202: SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION

DESRI JONES, et al., § § Plaintiffs, § § VS. § CIVIL ACTION NO. 4:24-CV-02105 § MEMORIAL HERMANN HEALTH § SYSTEM, et al., § § Defendants. § ORDER Before the Court are United States Magistrate Judge Christina A. Bryan’s Memorandum and Recommendation filed on August 6, 2025 (Doc. #38), Defendants’ Objections (Doc. #39), and Plaintiffs’ Response (Doc. #40). The Magistrate Judge’s findings and conclusions are reviewed de novo. FED. R. Civ. P. 72(b);

(b)(1); United States v. Wilson,

(Sth Cir. 1989). Having reviewed the parties’ arguments and applicable legal authority, the Court adopts the Memorandum and Recommendation as its Order. Accordingly, Defendants’ Motion to Dismiss (Doc. #25) is hereby DENIED. Furthermore, Plaintiffs’ request for leave to file the proposed Second Amended Complaint (Doc. #33, Ex. 1) is GRANTED. Finally, Plaintiffs’ claim for excessive investment fees is DISMISSED WITH PREJUDICE as voluntarily withdrawn. It is so ORDERED.

September 15, 2025 Date e Hbnorable Afifred H. Bennett United States District Judge