Landmark Am. Ins. Co. v. Port Royal by the Sea Condo. Owners Ass'n

Full title: LANDMARK AMERICAN INSURANCE COMPANY, Plaintiff, v. PORT ROYAL BY THE SEA…

Court: United States District Court, Southern District of Texas

Date published: Dec 27, 2022

Civil Action 2:19-CV-00006 (S.D. Tex. Dec. 27, 2022)

Opinion

Civil Action 2:19-CV-00006

12-27-2022

LANDMARK AMERICAN INSURANCE COMPANY, Plaintiff, v. PORT ROYAL BY THE SEA CONDOMINIUM OWNERS ASSOCIATION, INC., Defendant.

NELVA GONZALES RAMOS, UNITED STATES DISTRICT JUDGE

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

NELVA GONZALES RAMOS, UNITED STATES DISTRICT JUDGE

Pending before the Court are Port Royal by the Sea Condominium Owners Association, Inc.'s (Port Royal's) Motion for Realignment of the Parties and/or Setting the Order of Proof at Trial (D.E. 278) and Landmark American Insurance Company's (Landmark's) Motion for Reconsideration on Allocation (D.E. 279). On October 17, 2022, United States Magistrate Judge Julie K. Hampton issued a Memorandum and Recommendation (D.E. 291), recommending that both motions be denied.

Port Royal timely filed its objections to the denial of its motion (D.E. 296) on October 31, 2022. Landmark did not object, but filed its response (D.E. 301) to Port Royal's objections. For all of the reasons detailed by Landmark, the Court finds that Port Royal has not met the standard of review for challenging the Magistrate Judge's exercise of discretion on this nondispositive matter. Its objections are insufficiently specific, were waived for failure to brief prior to the M&R, or simply rehash prior arguments. None of the objections meet the test required to show that the M&R is clearly erroneous or contrary to law. Fed.R.Civ.P. 72.

Having reviewed the findings of fact, conclusions of law, and recommendations set forth in the Magistrate Judge's Memorandum and Recommendation, as well as Port Royal's objections, and all other relevant documents in the record, and having made a de novo disposition of the portions of the Magistrate Judge's Memorandum and Recommendation to which objections were specifically directed, the Court OVERRULES Port Royal's objections and ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, Landmark's “Motion for Reconsideration on Allocation” (D.E. 279) is DENIED and Port Royal's “Motion for Realignment of the Parties and/or Setting the Order of Proof at Trial” (D.E. 278) is DENIED.

ORDERED.