Opinion
Civil Action 3:20-cv-00226
09-29-2021
HEALTH FIRST HEALTH PLANS, INC., Plaintiff. v. AMERICAN NATIONAL INSURANCE COMPANY Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
JEFFREY VINCENT BROWN UNITED STATES DISTRICT JUDGE
On January 13, 2021, all dispositive pretrial matters and all non-dispositive pretrial matters in this case were referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1)(A). Dkt. 26. Judge Edison filed a memorandum and recommendation on September 13, 2021, recommending that Defendant American National Insurance Company's Amended Motion to Dismiss (Dkt. 21) be granted. See Dkt. 38.
On September 27, 2021, the plaintiff filed its objections to the memorandum and recommendation. See Dkt. 39. 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. 38) is approved and adopted in its entirety as the holding of the court; and
(2) Defendant American National Insurance Company's Amended Motion to Dismiss (Dkt. 21) is granted. Health First's claims under Chapters 541 and 542 should are dismissed. Health First's breach-of-contract claim remains.