UNITED STATES DISTRICT COURT April 29, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk MCALLEN DIVISION NAZARIO MARTINEZ and § JULIANA GARZA, INDIVIDUALLY § AND AS REPRESENTATIVE OF § THE ESTATE OF JUAN GARZA, § § Plaintiffs, § § v. § Civil Action No. 7:23-CV-00230 § JAVIER LAGOS PINEDA and § TRANSPORTES REFRIGERADOS § GALVAN, S.A. DE C.V., § § Defendants. § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the April 10, 2025, Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Peter Bray. (Dkt. No. 27). Judge Bray made findings and conclusions and recommended that Defendant Transportes Refrigerados Galvan, S.A. de C.V.’s Motion for Partial Summary Judgment,1 (Dkt. No. 24), be granted, (Dkt. No. 27 at 1, 7–8). The Parties were provided proper notice and the opportunity to object to the M&R. See

(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.,

(5th

1 The other defendant in this case, Javier Lagos Pineda, “has not been served and has not answered. The instant motion is filed on behalf of [Transportes Refrigerados Galvan, S.A. de C.V.] only.” (Dkt. No. 27 at 2 n.2). “[Transportes Refrigerados Galvan, S.A. de C.V.] is not moving [for partial summary judgment] on behalf of Pineda.” (Id. at 4). 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. 27), is ACCEPTED and ADOPTED in its entirety as the holding of the Court; (2) Defendant Transportes Refrigerados Galvan, S.A. de C.V.’s Motion for Partial Summary Judgment, (Dkt. No. 24), is GRANTED; (3) Plaintiffs’ gross negligence claims against Transportes Refrigerados Galvan, S.A. de C.V. are DISMISSED; and (4) Plaintiffs’ direct negligence claims against Transportes Refrigerados Galvan, S.A. de C.V. are DISMISSED. It is SO ORDERED. Signed on April 26, 2025.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE