Wells Fargo Bank, National Association v. Cabell et al

Filing 40

MEMORANDUM ORDER adopting 39 Report and Recommendation and granting 38 Motion to confirm the arbitration award issued by arbitrator Trey Bergman on 10/16/2019. The case is closed, and this constitutes a final judgment for appeal purposes. Signed by District Judge Ron Clark on 8/20/20. (tkd, )

UNITED STATES DISTRICT COURT
WELLS FARGO BANK, NATIONAL
ASSOCIATION,
Plaintiff,
v.
DAVID W.E. CABELL; DEBORAH
L CABELL; THE DAVID WINSTON
EARLY CABELL FAMILY LIMITED
PARTNERSHIP, LTD.,
Defendants.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:17-CV-406

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION
Pursuant to 28 U.S.C. § 636 and the Local Rules for the United States District Court for
the Eastern District of Texas, this matter was referred to United States Magistrate Judge Keith F.
Giblin for entry of findings and recommendation on case-dispositive motions and determination
of non-dispositive matters.

On May 28, 2020, Judge Giblin entered his report and

recommendation (#39) recommending that the District Court grant the defendant’s motion to
confirm the arbitration award.
To date, the parties have not filed objections to the report. Pursuant to 28 U.S.C. § 636(b)
and Federal Rule of Civil Procedure 72, the Court conducted a de novo review of the magistrate
judge’s report and the record in this cause. The Court agrees with the Magistrate Judge’s findings
and conclusions and adopts Judge Giblin’s report as the findings and conclusions of the Court.
The Court therefore ORDERS that Judge Giblin’s Report and Recommendation (#39) is
ADOPTED and the Plaintiff’s Motion to confirm the arbitration award is (#38) is GRANTED.
The Court further ORDERS that the arbitration award and findings issued by Mr. Trey Bergman,

the arbitrator in this cause, on October 16, 2019, are adopted and confirmed by this Court. This
case is CLOSED, and this constitutes a final judgment for appeal purposes.
SIGNED at Beaumont, Texas, this 20th day of August, 2020.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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