Stemmons Enterprise, L.L.C. v. Fisker, Inc.

□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT May 04, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION STEMMONS ENTERPRISE, L.L.C., § § Plaintiff, § § VS. § CIVIL ACTION NO. 4:22-CV-01487 § FISKER, INC., § § Defendant. § ORDER Before the Court is United States Magistrate Judge Yvonne Y. Ho’s Memorandum and Recommendation filed on March 27, 2023. Doc. #25. No objections have been filed, and the deadline has passed. The Court has reviewed the Memorandum and Recommendation for clear error. See United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989). Finding no clear error, the Court adopts the Memorandum and Recommendation in its entirety.

Accordingly, the Court GRANTS Defendant Fisker, Inc.’s Motion to Dismiss (Doc. #22) and DENIES Plaintiff Stemmons Enterprise, L.L.C.’s request for specific performance (Doc. #17 FJ 38— 39). This case is hereby DISMISSED with prejudice.

It is so ORDERED.

MAY 0 3 2023 Date The Honorabl¢ Alfred H. Bennett United States District Judge