Taylor v. Root Insurance Company
Taylor v. Root Insurance Company
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION
CHRISTA TAYLOR, § Plaintiff, § § 1:22-CV-01328-ADA v. § § ROOT INSURANCE COMPANY, § Defendant. § §
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the Report and Recommendation of United States Magistrate Judge Mark Lane. ECF No. 32. The Report recommends that Defendant Root Insurance Company’s Motion to Dismiss Plaintiff’s Class Action Complaint (ECF No. 15) be GRANTED and the Complaint be DISMISSED with PREJUDICE. The Report further recommends that Plaintiff’s Request for Leave to Amend her Complaint be DENIED. The Report and Recommendation was filed on July 25, 2023. 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 August 8, 2023. ECF No. 33. And Defendant filed a response on August 22, 2023. ECF No. 34. The Court has conducted a de novo review of the motion to dismiss, the responses, the report and recommendation, the objection 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 Lane, ECF No. 32, is ADOPTED. IT IS FURTHER ORDERED that the Plaintiff's objections are OVERRULED. IT IS FURTHER ORDERED that Defendant Root Insurance Company’s Motion to Dismiss Plaintiff's Class Action Complaint (ECF No. 15) is GRANTED and the Complaint is DISMISSED with PREJUDICE. IT IS FINALLY ORDERED that Plaintiff's Request for Leave to Amend her Complaint is DENIED.
SIGNED this 22nd day of August, 2023. a / st / \ ALAN D ALBRIGHT UNITED STATES DISTRICT JUDG
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