Yxta v. SRZ Transportation, LLC et al
Filing
25
ORDER adopting 24 Report and Recommendation and granting 21 Motion to Dismiss Plaintiff's Claim for Attorney's Fees. Signed by District Judge Michael J. Truncale on 5/9/22. (tkd, )
Case 1:21-cv-00475-MJT Document 25 Filed 05/09/22 Page 1 of 1 PageID #: 213
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
LEO YXTA,
Plaintiff,
v.
SRZ TRANSPORTATION, TYKELIN
GRAY, and STATE FARM MUTUAL
AUTOMOBILE
INSURANCE
COMPANY,
Defendants.
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CIVIL ACTION NO. 1:21-CV-00475
JUDGE MICHAEL J. TRUNCALE
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court has referred Defendant State Farm Mutual Automobile Insurance Company’s
12(b)(6) Motion to Dismiss Plaintiff’s Claim for Attorney’s Fees [Dkt. 21] to Magistrate Judge
Zack Hawthorn for recommended disposition. [Dkt. 23]. On April 20, 2022, Judge Hawthorn
issued his Report and Recommendation in which he recommended granting State Farm’s motion.
[Dkt. 24].
Plaintiff Leo Yxta has not filed objections, and the time for doing so has
passed. Nevertheless, the Court has reviewed Judge Hawthorn’s Report and Recommendation
and concludes that his factual findings and conclusions of law are correct.
It is therefore ORDERED that Judge Hawthorn’s Report and Recommendation [Dkt. 24]
is ADOPTED. Defendant State Farm Mutual Automobile Insurance Company’s 12(b)(6) Motion
to Dismiss Plaintiff’s Claim for Attorney’s Fees [Dkt. 21] is GRANTED.
SIGNED this 9th day of May, 2022.
____________________________
Michael J. Truncale
United States District Judge
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