Jones et al v. Harley-Davidson, Inc.

Filing 139

ORDER ADOPTING 121 REPORT AND RECOMMENDATIONS and Denying 65 MOTION for Summary Judgment on Defendants' Contributory Negligence Affirmative Defense filed by Pamela Ann Jones, Mark Steven Jones.. Signed by Judge Robert W. Schroeder, III on 9/12/2016. (sm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
MARK JONES & PAMELA JONES,
Plaintiffs,
v.
HARLEY-DAVIDSON, INC. HARLEYDAVIDSON MOTOR COMPANY
GROUP, LLC,
Defendants.

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§ Case No. 2:14-cv-694-RWS-RSP
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ORDER

The Magistrate Judge’s Report recommended that Plaintiffs Mark and Pamela Jones’
Motion for Summary Judgment on Defendants Harley-Davidson, Inc. and Harley-Davidson
Motor Company Group, LLC’s Contributory Negligence Affirmative Defense (Dkt. No. 65) be
DENIED. The Report identified genuine disputes of material facts on the following issues: (1)
whether Plaintiffs negligently operated their motorcycle and (2) whether Plaintiffs failure to wear
a helmet contributed to their harm.
The Court finds Plaintiffs have not objected to the Magistrate Judge’s Report. The Court
further finds there is no clear error in the Magistrate Judge’s Report. See Fed. R. Civ. P. 72(b)
advisory committee’s note to 1983 addition (“When no timely objection is filed, the court need
only satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation.” (citing Campbell v. United States Dist. Court, 501 F.2d 196, 206 (9th Cir.
1974)). The Court ADOPTS the Magistrate Judge’s Report and Recommendation (Dkt. No. 121)
and finds Plaintiffs Mark and Pamela Jones’ Motion for Summary Judgment on Defendants
Harley-Davidson, Inc. and Harley-Davidson Motor Company Group, LLC’s Contributory
Negligence Affirmative Defense (Dkt. No. 65) is DENIED.

So ORDERED and SIGNED this 12th day of September, 2016.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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