Spease v. Cooper et al

Filing 95

ORDER ADOPTING REPORT AND RECOMMENDATION OF U. S. MAGISTRATE JUDGE that the 85 , 83 , 82 , 84 Motions to Dismiss are granted. The Plaintiffs' claims are dismissed with prejudice. Signed by Judge Marcia A. Crone on 2/4/14. (mrp, )

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

KAREN STAUB SPEASE and CRAIG
SPEASE,

'
'
'
Plaintiffs,
'
'
v.
'
'
SERGEANT L.W. COOPER, DEPUTY
'
CHARLES BREWER, DEPUTY JOHN S.
'
WILLIAMS, SHERIFF ED CAIN,
'
MICHELLE RANDOLPH, MANY DOES, '
ALLSTATE TEXAS LLOYDS, INC.,
'
PILOT CATASTROPHE SERVICES, INC. '
JAMES R. DAVIS, and HARDIN COUNTY '
SHERIFF’S DEPARTMENT,
'
'
Defendants.
'

CIVIL ACTION NO. 1:12-CV-371

ORDER ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
This case is referred to the Honorable Zack Hawthorn, United States Magistrate Judge, for
all pretrial matters. (Doc. No. 29.) The court has received and considered the report and
recommendation of the magistrate judge (Doc. No. 92), which recommends that the court grant
the “motions to dismiss, or in the alternative, motions for summary judgment” filed by the
following defendants: Hardin County, Texas, on behalf of the Hardin County Sheriff’s
Department, Sergeant L.W. Cooper, Deputy Charles Brewer, Deputy John S. Williams, and
Sheriff Ed Cain (“Hardin County Defendants”) (Doc. No. 82); Pilot Catastrophe Services, Inc.
(“Pilot”) (Doc. No. 83); Allstate Texas Lloyds, Inc. (“Allstate”) (Doc. No. 84); and James R.
Davis (“Davis”) (Doc. No. 85). No objections have been filed to the magistrate judge’s report
and recommendation, and the time for doing so has passed. It is, therefore,

ORDERED that the magistrate judge’s report and recommendation (Doc. No. 92) is
ADOPTED; and the “motions to dismiss, or in the alternative, motions for summary judgment”
filed by the Hardin County Defendants (Doc. No. 82), Pilot (Doc. No. 83), Allstate (Doc. No.
84) and Davis (Doc. No. 85) are GRANTED; and the Plaintiffs’ claims are DISMISSED WITH
PREJUDICE.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 4th day of February, 2014.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

2 of 2