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, )

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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. § § § § § § § § 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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