Stuntz v. Lion Elastomers LLC et al

Filing 71

ORDER adopting the 68 Report and Recommendation. Ordered that the Defendants' 53 Motion for summary judgment is granted. Signed by District Judge Marcia A. Crone on 6/27/2019. (bjc, )

UNITED STATES DISTRICT COURT

MICHAEL DAVID STUNTZ,
Plaintiff,
versus
LION ELASTOMERS LLC, HOWARD
SCOTT HARDEGREE, TRUDY LORD,
TOM ROGERS, PAULA SHARP, JAMES
MOSLEY,
Defendants.

EASTERN DISTRICT OF TEXAS

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CASE NO. 1:17-CV-00033-MAC

ORDER ADOPTING REPORT AND RECOMMENDATION
This case is assigned to the Honorable Zack Hawthorn, United States Magistrate Judge, for
pre-trial management. On June 13, 2019, Judge Hawthorn entered a report (Doc. No. 68)
recommending that the Court grant Defendants’ “Motion for Summary Judgment” (Doc. No. 53)
and grant Defendants’ “Motion to Seal Exhibit M.” Doc. No. 54.
A party who files timely, written objections to a magistrate judge’s report and
recommendation is entitled to a de novo determination of those findings or recommendations to
which the party specifically objects. 28 U.S.C. § 636(b)(1)(C); FED. R. CIV. P. 72(b)(2)-(3).
“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. Wainwright, 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).
The court has conducted a de novo review of the magistrate judge’s report and
recommendation and has carefully considered the Plaintiffs’ objections. See Doc. No. 70. The

court finds that the magistrate judge’s conclusions are correct and the objections are largely a
restatement of previously asserted arguments.
It is, therefore, ORDERED that Plaintiff’s objections (Doc. No. 70) are OVERRULED,
the magistrate judge’s report and recommendation (Doc. No. 68) is ADOPTED, and Defendants’
“Motion for Summary Judgment” (Doc. No. 53) is GRANTED.
A final judgment will be entered separately.
SIGNED at Tyler, Texas, this 27th day of June, 2019.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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