Opinion
Civil Action 1:23-CV-069
07-21-2023
ELIDA GARZA, et al., Plaintiffs, v. ELEAZAR BANDA MATA, et al., Defendants.
ORDER
Fernando Rodriguez, Jr. United States District Judge
In February 2023, Plaintiffs Elida Garza and Santos Garza filed suit in Texas state court against Defendant Eleazar Banda Mata for negligence and Defendant Servicios Especializados Alanis S.A. de C.V., LLC for negligent entrustment and respondeat superior. (Orig. Pet., Doc. 11) In May, Banda removed the matter to this Court, which led Plaintiffs to request the remand of the case to state court. (Notice of Removal, Doc. 1; Motion to Remand, Doc. 8)
On July 3, a Magistrate Judge recommended the denial of the Motion to Remand and that Defendant Servicios Especializados Alanis S.A. de C.V., LLC be dismissed with prejudice as improperly joined. (R&R, Doc. 12) No party filed objections to the Report and Recommendation, and the Court finds no clear error within it. See 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b)(3).
As a result, the Court ADOPTS the Report and Recommendation (Doc. 12). It is:
ORDERED that Plaintiffs' Opposed Motion to Remand (Doc. 8) is DENIED; and
ORDERED that Plaintiffs Elida Garza and Santos Garza's claims for negligent entrustment and respondent superior against Defendant Servicios Especializados Alanis S.A. de C.V., LLC are DISMISSED WITH PREJUDICE.