In re Gringo Honeymoon, Corp.

Full title: IN THE MATTER OF THE COMPLAINT OF GRINGO HONEYMOON, CORP., as owner and/or…

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

Date published: Jan 9, 2019

CIVIL ACTION NO. 3:18-CV-00124 (S.D. Tex. Jan. 9, 2019)

Opinion

CIVIL ACTION NO. 3:18-CV-00124

01-09-2019

IN THE MATTER OF THE COMPLAINT OF GRINGO HONEYMOON, CORP., as owner and/or owner pro hac vice of the M/V GRINGO HONEYMOON FOR EXONERATION FROM AND/OR LIMITATION OF LIABILITY

GEORGE C. HANKS, JR. UNITED STATES DISTRICT JUDGE

ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION

Pending before the Court are Claimant American Plastic Fab & Machine, Inc.'s Objections to the Magistrate's Memorandum and Recommendation Concerning Claimant American Plastic Fab & Machine, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction ("Objections"). Dkt. 66. On October 31, 2018, Claimant American Fab & Machine, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction (Dkt. 28) was referred to Magistrate Judge Andrew M. Edison pursuant to 28 U.S.C. § 636(b)(1)(B). Dkt. 55. On November 27, 2018, Judge Edison filed a Memorandum and Recommendation (Dkt. 62) recommending that Claimant American Fab & Machine, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction (Dkt. 28) be DENIED.

On December 10, 2018, Claimant American Fab & Machine, Inc. 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 responses; the Memorandum and Recommendation; the pleadings and summary judgment record; and the briefing and arguments of the parties. 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. 62) be APPROVED AND ADOPTED in its entirety as the holding of the Court; and

(2) Claimant American Fab & Machine, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction (Dkt. 28) be DENIED.

It is so ORDERED.

SIGNED and ENTERED this 9^th day of January, 2019.

/s/_________

GEORGE C. HANKS, JR.

UNITED STATES DISTRICT JUDGE