Heugel v. Victory Management Services, LLC
Heugel v. Victory Management Services, LLC
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT F | l E D FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION AP cute □ 2 6 2023 JUDY G. HEUGEL, § WESTERN oper □□□□□ □□□□ PLAINTIFF, § □□□□□ V. § □□□ § □ TRANS UNION, LLC AND VICTORY § CAUSE NO. 1:22-CV-1152-LY MANAGEMENT SERVICES, LLC, § DEFENDANTS. § § ORDER ON REPORT AND RECOMMENDATION Before the court in the above-referenced cause is Defendant Victory Management Services, LLC’s Motion to Dismiss for Improper Venue (Doc. #18) and all related briefing, which was referred to a United States Magistrate Judge for Report and Recommendation. See
28 U.S.C. § 636(b); FED. R. Civ. P. 72; Loc. R. W.D. Tex. App’x C, R. 1(d). The magistrate judge rendered a Report and Recommendation on April 10, 2023 (Doc. #46), recommending that the court dismiss the case without prejudice or transfer it to the Eastern District of Texas. A party may serve and file specific written objections to the proposed findings and recommendations of a magistrate judge within 14 days after being served with a copy of the report and recommendation and thereby secure de novo review by the district court. See
28 U.S.C. § 636(b); FED. R. Civ. P. 72(b). A party’s failure to timely file written objections to the proposed findings, conclusions, and recommendation in a report and recommendation bars that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court. See Douglass v. United Servs. Auto Ass’n,
79 F.3d 1415(5th Cir. 1996) (en banc). Plaintiff Judy Heugel filed objections to the Report and Recommendation on April 20, 2023 (Doc. #56). In light of the objections, the court will undertake a de novo review of the
record and applicable law in this case. Having reviewed Heugel’s objections and the entire case file, the court will accept and adopt the Report and Recommendation for substantially the reasons stated therein. IT IS THEREFORE ORDERED that Plaintiff Judy Heugel’s objections to the Report and Recommendation (Doc. #56) are OVERRULED. IT IS FURTHER ORDERED that the United States Magistrate Judge’s Report and Recommendation (Doc. #46) filed in this cause is APPROVED and ACCEPTED. IT IS FURTHER ORDERED that Defendant Victory Management Services, LLC’s Motion to Dismiss for Improper Venue (Doc. #18) is GRANTED AS FOLLOWS: this case is TRANSFERRED to the United States District Court for the Eastern District of Texas. SIGNED this LR day of April, 2023.
eft ITED STATES DISTRICT JUDGE
Reference
- Status
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