Landmark American Insurance Company v. Port Royal by the Sea Condominium Owners Association, Inc.

UNITED STATES DISTRICT COURT August 18, 2021 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION LANDMARK AMERICAN INSURANCE § COMPANY, § § Plaintiff, § VS. § CIVIL ACTION NO. 2:19-CV-00006 § PORT ROYAL BY THE SEA § CONDOMINIUM OWNERS § ASSOCIATION, INC., § § Defendant. § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Pending before the Court are two motions to exclude the testimony of experts.

D.E. 144 (challenging expert Brett Lochridge), D.E. 150 (challenging expert Rocco Calaci). On July 30, 2021, United States Magistrate Judge Julie K. Hampton issued a Memorandum and Recommendation (M&R, D.E. 184), recommending that both motions be denied. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge’s M&R. FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed.

When no timely objection to a magistrate judge’s M&R is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s M&R. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Services Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)).

Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s M&R (D.E. 184), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the motions to exclude (D.E. 144, 150) are DENIED.

ORDERED this 18th day of August, 2021.

J abls GONZALES RAMOS UNITED STATES DISTRICT JUDGE 2/2