Nationwide Agribusiness Ins. Co. v. Varco Pruden Bldgs., Inc.

Full title: NATIONWIDE AGRIBUSINESS INSURANCE COMPANY, as subrogee of PENNY NEWMAN…

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION

Date published: Aug 26, 2020

CIVIL ACTION NO. 5:19-CV-083-M-BQ (N.D. Tex. Aug. 26, 2020)

Opinion

CIVIL ACTION NO. 5:19-CV-083-M-BQ

08-26-2020

NATIONWIDE AGRIBUSINESS INSURANCE COMPANY, as subrogee of PENNY NEWMAN GRAIN COMPANY, Plaintiff, v. VARCO PRUDEN BUILDINGS, INC., and ROY OWENS CONSTRUCTION COMPANY, Defendants.

BARBARA M. G. LYNN CHIEF JUDGE

ORDER ACCEPTING THE FINDINGS , CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

Before the Court is Roy Owens Construction Company's "Motion for Judgment on the Pleadings under Rule 12(c) or Alternatively to Dismiss for Failure to State a Claim under Rule 12(b)(6), and Brief in Support." ECF No. 63. The United States Magistrate Judge made Findings, Conclusions, and a Recommendation regarding the motion. ECF No. 83. Roy Owens Construction Company filed objections on August 17, 2020, and the District Court has made a de novo review of those portions of the proposed findings and recommendation to which objection was made. ECF No. 84. The objections are overruled. Accordingly, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge.

The Court hereby DENIES Roy Owens Construction Company's Motion for Judgment on the Pleadings under Rule 12(c) and further DENIES Roy Owens Construction Company's Motion to Dismiss for Failure to State a Claim under Rule 12(b)(6). ECF No. 63.

SO ORDERED, this 26th day of August, 2020.

/s/ _________

BARBARA M. G. LYNN

CHIEF JUDGE