United States of America v. Renda et al

Filing 105

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 101 Report and Recommendations,,, 77 Motion for Summary Judgment, filed by United States of America, 80 Motion for Reconsideration, filed by Oscar Renda, Rudolph J. Renda, Renda Environmental, Inc., Oscar Renda Contracting, Inc., 78 Motion for Summary Judgment filed by Oscar Renda, Rudolph J. Renda, Renda Environmental, Inc., Oscar Renda Contracting, Inc.. Plaintiff United States of Americas Motion for Summary Judgment (Dkt. 77) is GRANTED, D efendants Motion for Summary Judgment (Dkt. 78) is DENIED, and Defendants Amended Motion to Reconsider and/or Modify Memorandum Adopting Report and Recommendation of the United Sates Magistrate Judge (Dkt. 80) is DENIED. Within ten (10) days of the date of this Order, Plaintiff shall submit a proposed final judgment for the Courts consideration. Signed by Judge Michael H. Schneider on 9/23/11. (cm, ) Modified on 9/26/2011 (cm, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
UNITED STATES OF AMERICA,

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Plaintiff,
v.
OSCAR RENDA, ET AL.,
Defendants.

4:09cv368

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28
U.S.C. § 636. On August 8, 2011, the report of the Magistrate Judge was entered containing
proposed findings of fact and recommendations that: (1) Plaintiff United States of America’s
Motion for Summary Judgment (Dkt. 77) be GRANTED; (2) Defendants’ Motion for Summary
Judgment (Dkt. 78) be DENIED; and (3) Defendants’ Amended Motion to Reconsider and/or
Modify Memorandum Adopting Report and Recommendation of the United Sates Magistrate Judge
(Dkt. 80) be DENIED.
The Court, having made a de novo review of the objections raised by Defendant as well as
Plaintiff’s response and Defendant’s reply thereto (see Dkts. 102, 103 & 104), is of the opinion that
the findings and conclusions of the Magistrate Judge are correct, and the objections of Defendant
are without merit. Therefore, the Court hereby adopts the findings and conclusions of the Magistrate

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Judge as the findings and conclusions of this Court.
.

Plaintiff United States of America’s Motion for Summary Judgment (Dkt. 77) is GRANTED,

Defendants’ Motion for Summary Judgment (Dkt. 78) is DENIED, and Defendants’ Amended
Motion to Reconsider and/or Modify Memorandum Adopting Report and Recommendation of the
United Sates Magistrate Judge (Dkt. 80) is DENIED. Within ten (10) days of the date of this Order,
Plaintiff shall submit a proposed final judgment for the Court’s consideration.
IT IS SO ORDERED.
SIGNED this 23rd day of September, 2011.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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