Opinion
Civil Action 2:22-CV-00192
01-18-2023
BRIAN TULLIS, Plaintiff, v. EXXONMOBIL CORPORATION, Defendant.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE.
On December 2, 2022, United States Magistrate Judge Julie K. Hampton issued a “Memorandum and Recommendation” (M&R, D.E. 25). The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge's M&R. Fed.R.Civ.P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed.
When no timely objection to a magistrate judge's M&R is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge's M&R. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge's M&R (D.E. 25), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, ExxonMobil's motion to dismiss (D.E. 7) is DENIED, ExxonMobil's motion to stay (D.E. 8) is GRANTED, Tullis's motion for discovery (D.E. 11) is DENIED WITHOUT PREJUDICE, and this case is STAYED pending the decision of the United States Supreme Court in Hewitt v. Helix Energy Solutions, Inc., 15 F.4th 289 (5th Cir. 2021), petition for cert. granted, 2022 WL 1295708 (U.S. May 2, 2022) (No. 21-984).
ORDERED.