Paz v. State Farm Lloyds

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 46 Report and Recommendations, GRANTING 23 Motion for Summary Judgment, filed by State Farm Lloyds. Only Plaintiffs breach of contract claim shall proceed to trial. Signed by Judge Ron Clark on 12/9/2015. (baf, )

**NOT FOR PRINTED PUBLICATION**
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
CARLOS PAZ

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Plaintiff,
VS.
STATE FARM LLOYDS
Defendant.

Case No. 4:14CV693
(Judge Clark/Judge Bush)

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 November 19, 2015, the report of the Magistrate Judge was entered containing
proposed findings of fact and recommendations that Defendant State Farm Lloyds’ Motion for
Partial Summary Judgment (Dkt. # 23) be GRANTED, that Plaintiff take nothing by his extracontractual claims of negligence, breach of fiduciary duty, common-law fraud by negligent
misrepresentation, violations of the Texas DTPA and tie-in statutes, violations of the Texas
Insurance Code, unfair insurance practices, breach of the common-law duty of good faith and fair
dealing, and misrepresentation, and that those claims should be dismissed with prejudice. The
Magistrate Judge further recommended that only Plaintiff’s breach of contract claim, alleging that
Defendant failed to pay him benefits under a property insurance policy, should proceed to trial.
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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 recommendations as the findings and
conclusions of the court. Therefore, State Farm Lloyds’ Motion for Partial Summary Judgment (Dkt.
# 23) is GRANTED, Plaintiff shall take nothing by his extra-contractual claims of negligence, breach
of fiduciary duty, common-law fraud by negligent misrepresentation, violations of the Texas DTPA
and tie-in statutes, violations of the Texas Insurance Code, unfair insurance practices, breach of the
common-law duty of good faith and fair dealing, and misrepresentation, and those claims are
dismissed with prejudice.
Only Plaintiff’s breach of contract claim shall proceed to trial.
So ORDERED and SIGNED this 9 day of December, 2015.

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Ron Clark, United States District Judge

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