Johnson v. Octopus Energy LLC

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE 	Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
Kimberly Johnson,
Plaintiff,
v.
Octopus Energy, LLC,
Defendant.
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Civil Action No. 3:25-cv-274-E-BN
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The Court conducted an independent review of the pleadings, files and records in this case,
and the Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated
January 28, 2026 (ECF No. 25). No objections were filed. The Court reviewed the proposed
findings, conclusions, and recommendation for plain error. The Court has found no error in the
Findings, Conclusions, and Recommendation of the United States Magistrate Judge.
The Court finds that the Findings and Recommendation of the Magistrate Judge are correct,
and they are accepted as the Findings, Conclusions, and Recommendation of the Court. IT IS,
THEREFORE, ORDERED that the Findings, Conclusions, and Recommendation of the United
States Magistrate Judge are accepted and Plaintiff Kimberly Johnson’s motion for leave to file a
second amendment complaint (ECF No. 22) is DENIED and Defendant Octopus Energy, LLC’s
motion to dismiss the amended complaint (ECF No. 19) is GRANTED for failure to state a claim.
All claims arising under federal law are DISMISSED WITH PREJUDICE and all remaining
state law claims are DISMISSED WITHOUT PREJUDICE.
Case 3:25-cv-00274-E-BN Document 26 Filed 03/20/26 Page 1 of 2 PageID <pageID>

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE 	Page 2 of 2
SO ORDERED.
20th day of March, 2026.
___________________________________
ADA BROWN
UNITED STATES DISTRICT JUDGE
Case 3:25-cv-00274-E-BN Document 26 Filed 03/20/26 Page 2 of 2 PageID <pageID>