Rivera v. State Farm Mutual Automobile Insurance Company
Rivera v. State Farm Mutual Automobile Insurance Company
Trial Court Opinion
UNITED STATES DISTRICT COURT February 21, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk MCALLEN DIVISION
KEVIN RIVERA and § DANIELLE DE LEO, § § Plaintiffs, § § VS. § Civil Case No. 7:23-CV-00377 § STATE FARM MUTUAL AUTOMOBILE § INSURANCE COMPANY, § § Defendant. §
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the January 5, 2024, Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Peter Bray. (Dkt. No. 11). Judge Bray made findings and conclusions and recommended that Plaintiffs’ Motion to Remand, (Dkt. No. 4), be denied. (Dkt. No. 11). 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. 11) is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and (2) Plaintiffs’ Motion to Remand, (Dkt. No. 4), is DENIED. It is SO ORDERED. Signed on February 21, 2024.
DREW B. TIPTON UNITED STATES DISTRICT JUDGE
Reference
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