L.G. Motorsports, Inc. v. NGMCO, Inc. et al

Filing 114

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE - GRANTING 72 Motion for Summary Judgment GRANTING IN PART AND DENYING IN PART 73 Motion for Summary Judgment Against Plaintiff on All Glaims. Signed by Judge Richard A. Schell on 9/30/2013. (baf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
L.G. MOTORSPORTS, INC.
Plaintiff,

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VS.
GENERAL MOTORS, LLC f/k/a NGMCO,
INC., CORVETTE RACING, INC.,
MICHELIN NORTH AMERICA, INC.,
and DOUG FEHAN
Defendants.

CASE NO. 4:11CV112

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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 June 6, 2013, the report of the Magistrate Judge was entered containing proposed findings
of fact and recommendations that Defendant General Motors LLC’s Motion for Summary Judgment
(Dkt. 72) be GRANTED in its entirety and Plaintiff take nothing by its claims against GM, that
Defendant Michelin North America, Inc.’s Motion for Summary Judgment Against Plaintiff on All
Claims (Dkt. 73) be GRANTED as to all claims addressed in the motion, but that Plaintiff’s newly
added promissory estoppel claim against Michelin proceed herein.1
The court has made a de novo review of the objections raised by Plaintiff (see Dkt. 104) and
Defendant Michelin North America, Inc. (see Dkt. 105), as well as the parties’ respective responses
to those objections (see Dkts. 109 & 110), and is of the opinion that the findings and conclusions of
the Magistrate Judge are correct and the objections are without merit as to the ultimate findings of

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The court notes that, since the issuance of that report, the Magistrate Judge has set
deadlines for the parties to conduct discovery and submit dispositive motions on the issue of
promissory estoppel. See Dkts. 106 & 112.

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the Magistrate Judge. The court hereby adopts the findings and conclusions of the Magistrate Judge
as the findings and conclusions of this court.
Therefore, Defendant General Motors LLC’s Motion for Summary Judgment (Dkt. 72) is
GRANTED in its entirety and Plaintiff shall take nothing by its claims against GM. Further,
Defendant Michelin North America, Inc.’s Motion for Summary Judgment Against Plaintiff on All
Claims (Dkt. 73) is GRANTED as to all claims addressed in the motion and Plaintiff shall take
nothing by those claims against Defendant Michelin, but Plaintiff’s newly added promissory estoppel
claim against Michelin shall proceed herein.
IT IS SO ORDERED.
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SIGNED this the 30th day of September, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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