Opinion
Civil Action 4:22-cv-01796
09-21-2022
METRO HOSPITALITY PARTNERS LTD, Plaintiff, v. GUIDEONE NATIONAL INSURANCE COMPANY, et al, Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
Hon. Charles Eskridge, United States District Judge
Pending is a Memorandum and Recommendation by Magistrate Judge Christina A. Bryan dated August 9, 2022. Dkt 27. No party objected.
The district court reviews de novo those conclusions of a magistrate judge to which a party has specifically objected. See FRCP 72(b)(3) & 28 USC § 636(b)(1)(C); see also United States v Wilson, 864 F.2d 1219, 1221 (5th Cir 1989, per curiam). The district court may accept any other portions to which there's no objection if satisfied that no clear error appears on the face of the record. See Guillory v PPG Industries Inc, 434 F.3d 303, 308 (5th Cir 2005), citing Douglass v United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b) advisory committee note (1983).
No clear error appears upon review and consideration of the Memorandum and Recommendation, the record, and the applicable law.
The Memorandum and Recommendation of the Magistrate Judge is ADOPTED as the Memorandum and Order of this Court. Dkt 27.
The motion by Plaintiff Metro Hospitality Partners Ltd to remand is GRANTED. Dkt 12.
The motion by Plaintiff Metro Hospitality Partners Ltd to dismiss the counterclaim of Defendants GuideOne National Insurance Company and Certain Underwriters at Lloyd's London is DENIED WITHOUT PREJUDICE. Dkt 18.
The motion by Defendants GuideOne National Insurance Company, et al, to preclude attorney fees is DENIED WITHOUT PREJUDICE. Dkt 22.
This action is REMANDED to the 234th District Court of Harris County, Texas.
The Clerk shall provide a copy of this Order to the District Clerk for Harris County, Texas.
SO ORDERED.