Browder v. Guerra Days Law Group

UNITED STATES DISTRICT COURT November 13, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION REGINALD BROWDER, § § Plaintiff, § § VS. § Civil Case No. 4:22-CV-02463 § GUERRA DAYS LAW GROUP, § § Defendant. § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the October 23, 2023, Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Peter Bray. (Dkt. No. 33).

Judge Bray made findings and conclusions and recommended that Defendant’s Motion to Dismiss (Dkt. No. 29) be granted in part. (Dkt. No. 33).

The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005). No plain error appears.

Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court.

It is therefore ordered that: (1) Judge Bray’s M&R (Dkt. No. 33) is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and (2) | _Defendant’s Motion to Dismiss (Dkt. No. 29) is GRANTED IN PART only as to Plaintiff's claim for intentional infliction of emotion distress.

It is SO ORDERED.

Signed on November 13, 2023.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE