Opinion
Civil Action H:22-2117
03-22-2023
DIAMOND SERVICES CORPORATION v. CURTIN MARITIME CORP., et al
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
ANDREW S. HANEN UNITED STATES DISTRICT JUDGE
Pending before the Court in the above referenced proceeding is Plaintiffs Motions for Summary Judgment (Doc. Nos. 24,40), response (Doc. No. 42); Defendants' Motions to Dismiss under Rule 12(6)(1)(Doc.Nos. 13,14), responses (Doc. Nos. 25,26) and replies (Doc. Nos. 30,31), Federal Defendants' Motion for Summary Judgment (Doc. No. 41), response (Doc. No. 45) and reply (Doc. No. 46); and Judge Sheldon's Memorandum and Recommendation (Doc. No. 47) that the Court grant the Defendants' Motions to Dismiss and deny Plaintiffs Motions for Summary Judgment; and Plaintiffs Objections (Doc. No. 48) to the Memorandum and Recommendation.
The Court has carefully reviewed, de novo, the filings, the applicable law, the Magistrate Judge's Memorandum and Recommendation, and the objections thereto, and agrees with the Magistrate Judge's conclusions. Accordingly, it is hereby
ORDERED that Plaintiffs Objections (Doc. No. 48) are OVERRULED and the Memorandum and Recommendation (Doc. No. 47) is ADOPTED. It is further
ORDERED that Plaintiffs Motions for Summary Judgment (Doc. Nos. 24, 40) are DENIED. Defendant Curtin Maritime Corporation's Motion to Dismiss under Rule 12(b)(1) (Doc. No. 13) is GRANTED. The Port of Houston Authority's Motion to Dismiss under Rule 12(b)(1) (Doc. No. 14) is GRANTED. The United States Coast Guard and the remaining federal defendants' Motion for Summary Judgment (Doc. No. 41) is GRANTED. It is further
ORDERED that Plaintiffs case is DISMISSED WITH PREJUDICE. Entry of this Order shall constitute entry of final judgment.