McKinstry Essention, LLC v. Philadelphia Indemnity Insurance Company
McKinstry Essention, LLC v. Philadelphia Indemnity Insurance Company
Trial Court Opinion
UNITED STATES DISTRICT COURT September 01, 2021 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION
MCKINSTRY ESSENTION, LLC, § § Plaintiff, § VS. § CIVIL ACTION NO. 2:20-CV-00170 § PHILADELPHIA INDEMNITY § INSURANCE COMPANY, § § Defendant. §
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
On August 6, 2021, United States Magistrate Judge Julie K. Hampton issued her “Memorandum and Recommendation” (M&R, D.E. 23), recommending that the Court grant Defendant Philadelphia Indemnity Insurance Company’s (PIIC’s) Motion for Summary Judgment (D.E. 9). 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. 23), 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 motion for summary judgment (D.E. 9) is GRANTED and this action is DISMISSED. ORDERED this Ist day of September, 2021. JL GONZALES RAMOS UNITED STATES DISTRICT JUDGE
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