Americas Home Place, Inc. v. Flores et al

Filing 32

ORDER adopting 31 Report and Recommendation and denying 15 Motion for Default Judgment. Signed by District Judge Marcia A. Crone on 3/26/24. (TKD)

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UNITED STATES DISTRICT COURT AMERICAS HOME PLACE, INC., Plaintiff, versus CRAIG FLORES, INDIVIDUALLY AND D/B/A CA FLORES CONSTRUCTION; AND CA CLORES CONSTRUCTION, Defendants. EASTERN DISTRICT OF TEXAS § § § § § § § § § § § § CIVIL ACTION NO. 1:23-CV-00196-MAC-ZJH ORDER ADOPTING REPORT AND RECOMMENDATION On August 18, 2023, the Court referred this case to the Honorable Zack Hawthorn, United States Magistrate Judge, for pretrial management. Doc. No. 18. Pending before the court is Plaintiff’s Motion for Default Judgment. Doc. No. 15. On February 29, 2024, Judge Hawthorn issued his Report and Recommendation, which recommends denying Plaintiff’s Motion for Default Judgment. Doc. No. 31. The Court received and considered the Report and Recommendation of the United States Magistrate Judge pursuant to such referral, along with the record, pleadings, and all available evidence. The parties have not filed objections to the Report and Recommendation, and the time for doing so has passed. See 28 U.S.C. § 636(b)(1)(C). After careful review, the Court finds that the findings of fact and conclusions of law of the United States Magistrate Judge are correct. It is, therefore, ORDERED that Judge Hawthorn’s Report and Recommendation denying Plaintiff’s Motion for Default Judgment (Doc. No. 31) is ADOPTED. Accordingly, Plaintiff’s Motion for Default Judgment is DENIED. SIGNED at Beaumont, Texas, this 26th day of March, 2024. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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