Galbraith v. Washington National Insurance Company

District Court, S.D. Texas

Galbraith v. Washington National Insurance Company

Trial Court Opinion

□ Southern District of Texas ENTERED June 11, 2024 UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION CHARLES GALBRAITH, al., § § Plaintiffs, § V. § CIVIL ACTION NO. 6:23-CV-00057 § WASHINGTON NATIONAL INSURANCE = § COMPANY, ef al., § § Defendants. ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Julie Hampton’s Memorandum and Recommendation (“M&R”). (D.E. 30). The M&R recommends that the Court deny Plaintiffs’ motion for remand, (D.E. 4), and motion for contempt, (D.E. 14). The M&R further recommends that the Court Cismiss Plaintiffs’ claims against Skip Francisco and DeeAnn Boyd and deny as moot Francisco and Boyd’s motion to dismiss, (D.E. 11). (D.E. 30, p. 1). The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

28 U.S.C. § 636

(b)(1); FED. R. Crv. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. 1989) (per curiam); Badaiki v. Schlumberger Holdings Corp.,

512 F. Supp. 3d 741

, 743-44 (S.D. Tex. 2021) (Eskridge, J.). Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 30). Accordingly, the Court DENIES Plaintiffs’ motion to remand, (D.E. 4), and motion for contempt, (D.E. 14). The Court

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further DISMISSES Piaintiffs’ claims against Francisco and Boyd and DENIES as moot Francisco and Boyd’s motion to dismiss. (D.E. 11). SO ORDERED.

D MORALES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas June | [43024

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Reference

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