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

Filing 76

ORDER adopting 69 Report and Recommendation and granting 52 Motion for Summary Judgment. Pltf's claims are dismissed with prejudice. All other pending motions are denied as moot. Signed by District Judge Marcia A. Crone on 7/26/18. (tkd, )

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 ADOPTING REPORT AND RECOMMENDATION
The Court referred this matter to United States Magistrate Judge Keith F. Giblin for
consideration of and recommended disposition on case-dispositive pretrial motions. On July 12,
2018, Judge Giblin issued his report and recommendation in which he recommended that the Court
grant Defendant Daimler Buses North Carolina, Inc.’s (“Daimler”) motion for summary
judgment. See Report and Recommendation on Motion for Summary Judgment (#69). The parties
have not filed objections to the magistrate judge’s report.
In accordance with 28 U.S.C. § 636(b), the Court conducted a de novo review of the
magistrate judge’s findings, the record, and the applicable law in this proceeding. After review,
the Court finds that Judge Giblin’s findings and recommendations should be accepted.
The Court ORDERS that the Report and Recommendation on Motion for Summary
Judgment (#69) is ADOPTED. Pursuant to Judge Giblin’s recommendation, the Court ORDERS
that Defendant’s Rule 56 Motion for Summary Judgment and Memorandum in Further Support
(#52) is GRANTED. Plaintiff City of Port Arthur’s claims are DISMISSED in their entirety,
with prejudice. The Court will enter final judgment separately.

It is further ORDERED that all other pending motions are DENIED as moot.

Signed this date
Jul 26, 2018

2