Montalvo v. Autozone Parts, Inc.
Montalvo v. Autozone Parts, Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT January 05, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk MCALLEN DIVISION
NORMA MONTALVO and § MARIA GARCIA, § § Plaintiffs, § § VS. § Civil Case No. 7:23-CV-00342 § AUTOZONE PARTS, INC. and § EDGAR LUCIO, § § Defendants. §
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the December 18, 2023 Report and Recommendation (“R&R”) prepared by Magistrate Judge Peter Bray. (Dkt. No. 11). Judge Bray made findings and conclusions and recommended that Plaintiffs’ Opposed Motion for Leave to Amend and Opposed Motion to Remand, (Dkt. No. 7), be denied. (Dkt. No. 11). The Parties were provided proper notice and the opportunity to object to the R&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 R&R and adopts it as the opinion of the Court. It is therefore ordered that: (1) Judge Bray’s R&R (Dkt. No. 11) is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and (2) Plaintiffs’ Opposed Motion for Leave to Amend and Opposed Motion to Remand, (Dkt. No. 7) are DENIED. It is SO ORDERED. Signed on January 4, 2024.
DREW B. TIPTON UNITED STATES DISTRICT JUDGE
Reference
- Status
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