Cueva v. Pan-American Life Insurance Company
Cueva v. Pan-American Life Insurance Company
Trial Court Opinion
. . Southern District of Texas . ENTERED UNITED STATES DISTRICT COURT August 05, 2020 SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk . BROWNSVILLE DIVISION
REYNALDO CUEVA, oe, Plaintiff, § v. oo Civil Action No. 1:20-ev-00101
_ PAN-AMERICAN LIFE INSURANCE : COMPANY, et al., § Defendants. § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the “Magistrate Judge’s Report and Recommendation” (“R&R”) (Docket No. 18). The R&R recommended this Court remand the case and deny as □□□□ ‘Defendant Pan American Life Insurance Company’s 12(b)(6) Motion to Dismiss Plaintiffs - Supplemental Petition” ““PALIC’s MTD”) (Docket No. 4). Objections were due July 29, 2020. No objections were filed by either party. A “clearly erroneous, abuse of discretion and contrary to law” standard of review is appropriate when there _ has been no objection to the magistrate’s ruling. United States v. Wilson,
864 F.2d 1219, 1221 Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R is ADOPTED. As aresult, Plaintiff Reynaldo Cueva’s “Motion to Remand” (Docket No. 8) is GRANTED and PALIC’s MTD (Docket No. 4) is DENIED AS MOOT. The District Clerk’s Office is ORDERED to remand this case to the 197" District Court in Willacy County, Texas.
Signed on this Ly day of Ai wt 2020.
United States District Judge
Reference
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