Rabadi et al v. D.R. Horton, Inc.

Filing 43

ORDER by District Judge Judith C. Herrera adopting 42 Report and Recommendations granting in part and denying in part 20 Motion for Summary Judgment. Defendant's motion is granted with respect to Counts I (promissory estoppel), II (unfair business practices), and IV (loss of market value). Count III is construed as breach of contract and Defendant's motion is denied on the breach of contract claim. (baw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
SHARIF A. and SAMIA RABADI,
Plaintiffs,
vs.

CIV 17-1112 JCH/KBM

D R HORTON, INC.,
a Delaware Corporation,
Defendant.

ORDER ADOPTING MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
The Magistrate Judge filed her Proposed Findings and Recommended
Disposition on July 9, 2018 (Doc. 42). The proposed findings notify the parties of their
ability to file objections within fourteen (14) days and that failure to do so waives
appellate review. To-date, no objections have been filed and there is nothing in the
record indicating that the proposed findings were not delivered.
Wherefore,
IT IS HEREBY ORDERED AS FOLLOWS:
1.

The Magistrate Judge’s Proposed Findings and Recommended
Disposition (Doc. 42) is adopted;

2.

Defendant D R Horton, Inc’s Motion for Summary Judgment (Doc. 20) is
granted in part and denied in part. Defendant’s motion is granted with
respect to Counts I (promissory estoppel), II (unfair business practices),
and IV (loss of market value). Count III is construed as breach of contract
and Defendant’s motion is denied on the breach of contract claim.

______________________________
UNITED STATES DISTRICT JUDGE