City of Port Arthur v. Daimler Buses North Carolina, Inc.

Filing 44

ORDER adopting 43 Report and Recommendation. The court further orders that the instant motion 37 is denied for the reasons set out in Judge Giblin's report and recommendation. Signed by Judge Marcia A. Crone on 9/7/2017. (bjc, )

UNITED STATES DISTRICT COURT

CITY OF PORT ARTHUR,
Plaintiff,
versus
DAIMLER BUSES NORTH CAROLINA,
INC.,
Defendant.

EASTERN DISTRICT OF TEXAS

§
§
§
§
§
§
§
§
§
§

CIVIL ACTION NO. 1:15-CV-186

ORDER ON REPORT AND RECOMMENDATION
Pending before the court is United States Magistrate Judge Keith F. Giblin’s Report and
Recommendation (#43) on Defendant Daimler Buses North Carolina, Inc.’s (“Daimler”) Rule
12(b)(6) Motion to Dismiss Plaintiff City of Port Arthur’s Third Amended Complaint (#37).
United States District Judge Thad Heartfield referred this matter to Judge Giblin for consideration
and recommended disposition of case-dispositive pretrial motions (#3).1 On August 7, 2017,
Judge Giblin issued the instant report and recommendation, in which he recommended that the
court deny Daimler’s motion in its entirety. No objections have been filed, and the time for the
parties to do so has expired. See 28 U.S.C. § 636(b)(1). Having considered the magistrate
judge’s findings, the record, the pleadings, and the applicable law in this proceeding, the court is
of the opinion that Judge Giblin’s findings should be adopted.
Therefore, the court ADOPTS Judge Giblin’s Report and Recommendation (#43) in its
entirety. The court further ORDERS that the instant motion (#37) is DENIED for the reasons set
out in Judge Giblin’s Report and Recommendation.

1

On November 28, 2016, Judge Heartfield recused himself from the above-styled action (#28).

.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Plano, Texas, this 7th day of September, 2017.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

2