Infante v. Samara Portfolio Management, L.L.C. et al
MEMORANDUM ORDER OVERRULING DEFENDANT'S OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATION that 34 Motion for Partial Summary Judgment on Affirmative Defenses and 37 Motion for Partial Summary Judgment on Liability and Damages be granted. Signed by Judge Marcia A. Crone on 3/23/17. (mrp, )
UNITED STATES DISTRICT COURT
SAMARA PORTFOLIO MANAGEMENT,
L.L.C., LAW OFFICE OF JOSEPH
ONWUTEAKA, P.C., JOSEPH
EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:14-CV-00324
MEMORANDUM ORDER OVERRULING DEFENDANTS’ OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION ON
PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON AFFIRMATIVE
DEFENSES AND MOTION FOR PARTIAL SUMMARY JUDGMENT ON LIABILITY
Plaintiff Shirley Infante brought this complaint alleging that a previously filed lawsuit
brought against her by Joseph Onwuteaka of the Law Office of Joseph Onwuteaka, P.C., violated
the Fair Debt Collection Practices Act.
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends granting Plaintiff’s Motion for Partial Summary Judgment on
Liability and Damages (Doc. No. 37) and Plaintiff’s Motion for Partial Summary Judgment on
Affirmative Defenses. (Doc. No. 34.)
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available
evidence. Defendants filed “Objections to Report and Recommendation of the Magistrate Judge
on Plaintiff’s Motions for Partial Summary Judgment.” This requires a de novo review of the
objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b).
After careful consideration, the court concludes defendants’ objections are without merit.
Defendants objections are conclusory one sentence arguments. “Parties filing objections must
specifically identify those findings [to which they object.] Frivolous, conclusive or general
objections need not be considered by the district court.” Nettles v. Wainright, 677 F.2d 404, 410
n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United Servs. Auto.
Ass’n, 79 F.3d 1415 (5th Cir. 1996) (en banc). Notwithstanding the conclusory nature of the
objections, after a de novo review, the court finds the Magistrate Judge’s analysis and conclusions
Accordingly, Defendants’ objections are OVERRULED.
The findings of fact and
conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 23rd day of March, 2017.
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?