Royal Hosp. Corp. v. Underwriters at Lloyd's

Full title: ROYAL HOSPITALITY CORP. Plaintiff. v. UNDERWRITERS AT LLOYD'S, et al…

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

Date published: Sep 5, 2019

CIVIL ACTION NO. 3:18-CV-000102 (S.D. Tex. Sep. 5, 2019)

Opinion

CIVIL ACTION NO. 3:18-CV-000102

09-05-2019

ROYAL HOSPITALITY CORP. Plaintiff. v. UNDERWRITERS AT LLOYD'S, et al. Defendants.

George C. Hanks Jr. United States District Judge

ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION

On July 15, 2019, Defendant Hallmark Specialty Insurance Company's Motion for Judgment on the Pleadings, or in the Alternative, Motion for Summary Judgment (Dkt. 54) and Defendant AXIS Corporate Capital UK Limited, Successor in Interest to Novae Group PLC's Motion for Judgment on the Pleadings, or in the Alternative, Motion for Summary Judgment (Dkt. 59) were referred to United States Magistrate Judge Andrew M. Edison pursuant to 28 U.S.C. § 636(b)(1)(B). Dkt. 67. On August 20, 2019, Judge Edison filed a Memorandum and Recommendation (Dkt. 70) recommending that the motions be GRANTED.

On September 3, 2019, Plaintiff Royal Hospitality Corp. filed its Objections. 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).

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. 70) is APPROVED AND ADOPTED in its entirety as the holding of the Court;

(2) Defendant Hallmark Specialty Insurance Company's Motion for Judgment on the Pleadings, or in the Alternative, Motion for Summary Judgment (Dkt. 54) and Defendant AXIS Corporate Capital UK Limited, Successor in Interest to Novae Group PLC's Motion for Judgment on the Pleadings, or in the Alternative, Motion for Summary Judgment (Dkt. 59) are GRANTED; and

(3) Hallmark Specialty Insurance Company and AXIS Corporate Capital UK Limited are dismissed from this case without prejudice.

It is so ORDERED.

SIGNED at Galveston, Texas, this 5th day of September, 2019.

/s/_________

George C. Hanks Jr.

United States District Judge