Intelli Shop Inc. v. FedEx Corporation

District Court, S.D. Texas

Intelli Shop Inc. v. FedEx Corporation

Trial Court Opinion

□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT May 22, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION

INTELLI SHOP INC., § § Plaintiff, § § VS. § CIVIL ACTION NO. 4:24-CV-00074 § FEDEX CORPORATION, ef al., § § Defendants. § ORDER Before the Court is United States Magistrate Judge Yvonne Y. Ho’s Memorandum and Recommendation filed on May 3, 2024. Doc. #19. The deadline for filing objections has passed, and no objections have been filed. Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Memorandum and Recommendation for clear error. See United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. 1989). Finding no clear error, the Court adopts the Memorandum and Recommendation in its entirety. Therefore, Defendant FedEx Ground Package System, Inc.’s (“FedEx Ground”) and FedEx Freight, Inc.’s Original Motion to Dismiss is hereby GRANTED IN PART. Doc. #6. FedEx Ground’s Renewed Motion to Dismiss is GRANTED. Doc. #18. Accordingly, Plaintiff Intelli Shop, Inc.’s negligence/bailment claim is DISMISSED. In all other respects, the Original Motion to Dismiss is DENIED as MOOT. Moreover, FedEx Corp., Federal Express Corp., and FedEx Freight, Inc. are hereby DISMISSED from this case.

It is so ORDERED.

MAY 2 9 2024 Date The Honorable Alfred H. Bennett United States District Judge

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