Opinion
6:23-CV-00413-JDK-KNM
01-12-2024
DANNY JOHNSTON, Plaintiff and Counter-Defendant. v. PATRICIA ANN JOHNSTON, Defendant and Counter-Plaintiff. v. EAST TEXAS OIL FIELD CONSTRUCTION, LLC, Counter-Defendant.
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
K. NICOLE MITCHELL UNITED STATES MAGISTRATE JUDGE.
Before the Court is the stipulation of Danny Johnston (“Danny”) and Patricia Johnston (“Patricia”) to entry of a temporary injunction in the following form and substance. The Court recommends GRANTING the second agreed temporary injunction and ORDERING the following:
1. Neither Patricia Johnston, Danny Johnston, East Texas Oil Field Construction, LLC, nor any person acting in concert with any of them or on behalf of any of them shall:
a. Directly or indirectly sell, liquidate, assign, transfer, convert, loan, hypothecate, gift, convey, encumber, pledge, conceal, dissipate, or otherwise dispose of the following property without this Court's authorization:
i. The property listed in the Bill of Sale dated December 15, 2020 (a copy of which is attached hereto as Exhibit A), between Patricia Johnston and East Texas Oil Field Construction, LLC (such property being referred to herein as the “Business Property”); and
ii. The property listed in Exhibit B hereto (such property being referred to herein as the “Personal Property”); or
b. Directly or indirectly destroy, erase, delete, alter, or otherwise modify any internet website or social media posting used for the advertising, marketing, promotion, offering for sale, or sale of the Business Property or the Personal Property, without this Court's authorization.
The Court recommends ORDERING that this injunction is binding upon the parties, their agents, servants, and employees, and upon people in concert or participation with them.
The parties have waived service of the writ related to this agreed temporary injunction.
The parties have waived the requirement of a bond. The Court therefore recommends ORDERING that no bond shall be required.
The Court recommends ORDERING that this agreed temporary injunction is effective through trial of this matter unless otherwise ordered by the Court.
Within fourteen (14) days after service of the magistrate judge's report, any party must serve and file specific written objections to the findings and recommendations of the magistrate judge. 28 U.S.C. § 636(b)(1)(C). To be specific, an objection must identify the specific finding or recommendation to which objection is made, state the basis for the objection, and specify the place in the magistrate judge's report and recommendation where the disputed determination is found. An objection that merely incorporates by reference or refers to the briefing before the magistrate judge is not specific.
Failure to file specific, written objections will bar the party from appealing the unobjected-to factual findings and legal conclusions of the magistrate judge that are accepted by the district court, except upon grounds of plain error, provided that the party has been served with notice that such consequences will result from a failure to object. See Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1417 (5th Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days).
So ORDERED and SIGNED.
Exhibit A
(Exhibit Omitted)
Exhibit B
(Exhibit Omitted)