Opinion
Civil Action 3:21-CV-00016
08-06-2021
K INVESTMENT, INC., et al., Plaintiffs. v. B-GAS LIMITED A/K/A/ BEPALO LPG SHIPPING, LTD, et al., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
JEFFREY VINCENT BROWN UNITED STATES DISTRICT JUDGE
On April 1, 2021, Defendants' Motion to Vacate Rule B Attachment as to All Consolidated Actions, and Request for Expedited Relief (“Motion to Vacate”) was referred to United States Magistrate Judge Andrew M. Edison pursuant to 28 U.S.C. § 636(b)(1)(A). Dkt. 24. Judge Edison filed a memorandum and recommendation on June 4, 2021, recommending that the Motion to Vacate (Dkt. 15) be granted. See Dkt. 40.
On June 18, 2021, Plaintiffs filed their objections to the memorandum and recommendation. See Dkt. 41. In accordance with 28 U.S.C. § 636(b)(1)(C), this court is required to “make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made.” After conducting this de novo review, the court may “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” Id.; see also Fed.R.Civ.P. 72(b)(3).
Bergshav Shipping AS filed a response to Plaintiffs' objections. See Dkt. 42. Plaintiffs moved to strike that response. See Dkt. 43. The motion to strike (Dkt. 43) is denied.
The court has carefully considered the objections; the memorandum and recommendation; the pleadings; and the record. The court accepts Judge Edison's memorandum and recommendation and adopts it as the opinion of the court. It is therefore ordered that:
(1) Judge Edison's memorandum and recommendation (Dkt. 40) is approved and adopted in its entirety as the holding of the court;
(2) The Motion to Vacate (Dkt. 15) is granted;
(3) The substitute security (Dkt. 11) is released; and
(4) This consolidated suit is dismissed for lack of jurisdiction.