Nemo Cay Resort Townhome Association, Inc. v. Underwriters at Lloyd's, London Subscribing to Contract CTW001033

District Court, S.D. Texas

Nemo Cay Resort Townhome Association, Inc. v. Underwriters at Lloyd's, London Subscribing to Contract CTW001033

Trial Court Opinion

□ Southern District of Texas ENTERED March 29, 2021 UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION NEMO CAY RESORT TOWNHOME § ASSOCIATION, INC., § § Plaintiff, § VS. § CIVIL ACTION NO. 2:19-CV-386 § UNDERWRITERS AT LLOYD’S, § LONDON SUBSCRIBING TO § CONTRACT CTW001033, ef al., § § Defendants. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge Julie Hampton’s Memorandum and

Recommendation (M&R). (D.E. 33). The M&R recommends that the Court deny Plaintiff's Opposed Motion to Partially Set Aside Appraisal Award. (D.E. 21). The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

28 U.S.C. § 636

(b)(1); FED. R. Civ. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP, No. CIV. A. H-14-2700,

2015 WL 3823141

, at *1 (S.D. Tex. June 18, 2015). Having carefully reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its 1/2

entirety. (D.E. 33). Accordingly, the Court DENIES Plaintiff's Opposed Motion to Partially Set Aside Appraisal Award. (D.E. 21). The parties are ORDERED to appear before the undersigned for a scheduling conference on April 1, 2021 at 9:30a.m. to discuss whether any live controversy or claims remain in this case and the need for any amended scheduling order. All settings and deadlines in this case are TERMINATED. SO ORDERED. QUL— DA . MORALES UNITED STATES DISTRICT JUDGE Dated: Corpus Christi, Texas - March 29, 2021

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Reference

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