Hafeman v. LG Electronics Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION CAROLYN W. HAFEMAN, § Plaintiff, § § 6:21-CV-00696-ADA-DTG v. § § LG ELECTRONICS INC., § Defendant. § § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the Report and Recommendation of United States Magistrate Judge Dereck T. Gilliland. ECF No. 67. The Report recommends that this Court deny Defendant LG Electronics’s Motion to Dismiss Plaintiff’s First Amended Complaint. (ECF No. 41). The Report and Recommendation was filed on August 28, 2022.

A party may file specific, written objections to the proposed findings and recommendations of the magistrate judge within fourteen days after being served with a copy of the report and recommendation, thereby securing de novo review by the district court. 28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b). A district court need not consider “[f]rivolous, conclusive, or general objections.” Battle v. U.S. Parole Comm’n, 834 F.2d 419, 421 (5th Cir. 1987) (quoting Nettles v. Wainwright, 677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United States Auto. Ass’n, 79 F.3d 1415 (5th Cir. 1996)).

Plaintiff filed objections on September 12, 2022. ECF No. 70. Defendant filed a response to Plaintiff’s objections on October 13, 2022. ECF No. 74. The Court has conducted a de novo review of the motion to dismiss, the responses, the report and recommendation, the objections and responses to the report and recommendation, and the applicable laws. After that thorough review, the Court is persuaded that the Magistrate Judge’s findings and recommendation should be adopted.

IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Gilliland, ECF No. 67, is ADOPTED.

IT IS FURTHER ORDERED that Defendant’s objections are OVERRULED.

IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss Plaintiffs First Amended Complaint (ECF No. 41) is DENIED in accordance with the Report and Recommendation.

SIGNED this 27th day of March, 2023. ™~s, ot } ALAN D ALBRIGHT UNITED STATES DISTRICT JUDG