Texas Silicate Distributors, LLC v. United States The, et al

Filing 53

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for #50 Report and Recommendations, GRANTING #34 Motion for Default Judgment filed by Texas Silicate Distributors, LLC. Signed by Judge Ron Clark on 11/27/2013. (baf, )

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**NOT FOR PRINTED PUBLICATION ** IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION TEXAS SILICATE DISTRIBUTORS, LLC, Plaintiff, v. THE UNITED STATES (INTERNAL REVENUE SERVICE), ET AL., Defendants, § § § § § § § § § § Case No. 4:12cv572 (Judge Clark/Judge Mazzant) ORDER 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 October 1, 2013, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Plaintiff’s Motion for Interlocutory Default Judgment Against Defendants [Doc. #34] be granted. Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, this court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions of the court. It is, therefore, ORDERED that Plaintiff’s Motion for Interlocutory Default Judgment Against Defendants [Doc. #34] is GRANTED. It is further ORDERED that Defendants Roddie Trucking, LLC, Rogelio Palenzuela d/b/a Palenzuela Trucking, Blinks Trucking, Inc., Alfaro Hernandez d/b/a AH Transportation, 1 and Luis Claudio d/b/a Cano Trucking take nothing from this proceeding and are DISMISSED with prejudice. The Clerk is directed to terminate Roddie Trucking, LLC, Rogelio Palenzuela d/b/a Palenzuela Trucking, Blinks Trucking, Inc., Alfaro Hernandez d/b/a AH Transportation, and Luis Claudio d/b/a Cano Trucking from this civil action. So ORDERED and SIGNED this 27 day of November, 2013. ___________________________________ Ron Clark, United States District Judge 2

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