Ejim v. Cummings et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
NGOZI PAULA EJIM,
Plaintiff,
v.
THOMAS J. HENRY, PLLC, et al.,
Defendants.
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CASE NO. 1:25-CV-1103-ADA-SH
ORDER ADOPTING MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Before the Court is the Report and Recommendation of United States Magistrate Judge
Susan Hightower. ECF No. 45. The report recommends that this Court grant Defendant Amber
Petrig Simon’s motions to dismiss (ECF Nos. 16 and 25), dismiss Plaintiff’s claims against Ms.
Simon, and dismiss Ms. Simon from this suit. Id. at 17. 	The report further recommends that this
Court grant Defendants Thomas J. Henry, PLLC, Emilia Cummings, Elena Fabrin, Jack Genovese
II, Laurie Dobson, and Tanya Bachand’s Motion to Compel Arbitration (ECF No. 36) and stay
this case as to those Defendants pending the resolution of the arbitration proceedings. The report
and recommendation was filed on November 10, 2025.
A party may file specific, written objections to the proposed findings and recommendations
of the magistrate judge within fourteen days after being served with a copy of the report and
recommendation, thereby securing de novo review by the district court. 28 U.S.C. § 636(b); Fed.
R. Civ. P. 72(b). A district court need not consider “[f]rivolous, conclusive, or general objections.”
Battle v. U.S. Parole Comm’n, 834 F.2d 419, 421 (5th Cir. 1987) (quoting Nettles v. Wainwright,
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677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United
States Auto. Ass’n, 79 F.3d 1415 (5th Cir. 1996)). The district court may decline a party’s request
to hear new evidence not before the Magistrate Judge. Fed. R. Civ. P. 72(b)(3).
Plaintiff filed objections on November 26, 2025. ECF No. 46. The Court has conducted a
de novo review of Plaintiff’s Complaint, Defendants’ Motion, all related briefing and exhibits,
Plaintiff’s objections to the report and recommendation, and the applicable laws. After that
thorough review, the Court is persuaded that the Magistrate Judge’s findings and recommendation
should be adopted.
IT IS THEREFORE ORDERED that the Report and Recommendation of United States
Magistrate Judge Susan Hightower (ECF No. 45) is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff’s objections are OVERRULED.
IT IS FURTHER ORDERED that Defendant Amber Petrig Simon’s motions to dismiss
(ECF Nos. 16 and 25) are GRANTED. Ms. Simon is hereby DISMISSED from this lawsuit.
IT IS FURTHER ORDERED that Defendants’ Thomas J. Henry, PLLC, Emilia
Cummings, Elena Fabrin, Jack Genovese II, Laurie Dobson, and Tanya Bachand’s Motion to
Compel Arbitration (ECF No. 36) is GRANTED. The Clerk of Court is requested to STAY this
case as to those Defendants pending the resolution of the arbitration proceedings.
SIGNED this 7th day of January, 2026.
ALAN D ALBRIGHT
UNITED STATES DISTRICT JUDGE
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