Harmon v. Carpco Efficient Energy Co., LLC

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATIONS 37 . OVERRULING 42 Objections..Plaintiffs motion for partial summary judgment, Dkt. No. 20, is DENIED. (4) Defendants motion for partial summary judgment, Dkt. No. 26, is DENIED. Signed by District Judge Rodney Gilstrap on 2/9/2018. (ch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
WILLIAM HARMON,
v.
CARPCO EFFICIENT ENERGY CO., LLC

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Case No. 2:17-CV-00429-JRG-RSP

ORDER
Before the Court is the Report and Recommendation of Magistrate Judge Payne, Dkt. No.
37, which recommends that Plaintiff’s motion for partial summary judgment, Dkt. No. 20, and
Defendant’s motion for partial summary judgment, Dkt. No. 26, be denied. For dispositive matters
referred to a Magistrate Judge, the district court must “determine de novo any part of the magistrate
judge’s disposition that has been properly objected to.” Fed. R. Civ. P. 72(b)(3); 28 U.S.C.
§ 636(b)(1)(C). “The district judge may accept, reject, or modify the recommend disposition.” Fed.
R. Civ. P. 72(b)(3); 28 U.S.C. § 636(b)(1)(C). Applying this standard, and upon de novo review,
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the Court finds no reason to reject or modify the Magistrate Judge’s recommended disposition.
Accordingly, it is ORDERED:
(1) Carpco Efficient Energy Co., LLC’s objections, Dkt. No. 42, are OVERRULED.
(2) The Magistrate Judge’s Report and Recommendation, Dkt. No. 37, is ADOPTED.
(3) Plaintiff’s motion for partial summary judgment, Dkt. No. 20, is DENIED.
(4) Defendant’s motion for partial summary judgment, Dkt. No. 26, is DENIED.

SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 9th day of February, 2018.

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RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE