Gonzales v. Smitty

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION SANTIAGO GARCIA GONZALES, as § Representative of the Estate of ERNESTO § GARCIA GONZALEZ, Deceased, et al. § § 1: 20-cv-0605-LY v. § § DARRELL SHANE SMITTY, et al. § REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE TO: THE HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE Before the Court are Defendant Ascension Seton d/b/a Ascension Seton Hays’ Motion to Dismiss Plaintiffs’ First Amended Complaint and Brief in Support (Dkt. No. 15); Plaintiffs’ Response (Dkt. No. 20); Ascension Seton’s Reply…