Rodriguez v. CVS Pharmacy, Inc.
Rodriguez v. CVS Pharmacy, Inc.
Trial Court Opinion
| Southern District of Texas ENTERED UNITED STATES DISTRICT COURT May 26, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk BROWNSVILLE DIVISION SAN JUANA RODRIGUEZ, § “Plaintiff”, § Vv. Civil Action No. 1:23-cv-00006 CVS PHARMACY, INC., “Defendant”. § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is Plaintiffs “Motion to Remand” (“MTR”) (Dkt. No. 8), Defendant’s “Response in Opposition to Plaintiffs MTR” (“Response to MTR”) (Dkt. No. 11), Plaintiff's “Supplement to MTR” (Dkt. No. 12), Plaintiffs “Reply to Defendant’s Response to Plaintiff's MTR” (“Reply”) (Dkt. No. 13), Defendant’s “Opposed Motion to Dismiss, or in the alternative to Stay Proceedings and Compel Arbitration” (“MTD”) (Dkt. No. 9), Plaintiff's “Response to Defendant’s MTD” (Dkt. No. 14), and the “Magistrate Judge’s Report and Recommendation” (“R&R”) (Dkt. No. 15). The R&R recommends this Court (1) deny Plaintiff's MTR (Dkt. No. 8): (2) grant Defendant’s MTD (Dkt. No. 9); (3) dismiss all of Plaintiff’s claims; and (4) direct the Clerk of Court to close this case. No objections were filed by either party. When no objections are filed to a magistrate judge’s ruling, the district court applies the “clearly erroneous, abuse of discretion and contrary to law” standard of review. United States v. Wilson,
864 F.2d 1219, 1221(5th Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R is ADOPTED. Plaintiff's MTR. (Dkt. No. 8) is DENIED. Defendant’s MTD (Dkt. No. 9) is GRANTED. Plaintiff's claims are DISMISSED. The Clerk of Court is ORDERED to close this case.
Signed on this at day of On. , 2023.
Unitéd States District Judge
Reference
- Status
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