Pavecon Holding Co., Inc. et al v. Tuzinski et al

Filing 56

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re: 52 Report and Recommendations, 30 MOTION to Stay re 29 MOTION to Compel Arbitration Pending Outcome of Arbitration filed by Rick W Tuzi nski, Kansas Asphalt, Inc.. Defendant Rick Tuzinskis Motion to Compel Arbitration (Dkt. #29) is DENIED. It is further ORDERED that Defendant Kansas Asphalt, Inc.s Motion to Stay Proceeding Pending Outcome of Arbitration (Dkt. #30) is DENIED AS MOOT. Signed by Judge Amos L. Mazzant, III on 6/9/17. (cm, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

PAVECON HOLDING CO., INC., ET AL.

v.
RICK W TUZINSKI, ET AL.

§
§ Civil Action No. 4:16-CV-888
§ (Judge Mazzant/Judge Nowak)
§
§

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF 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 Magistrate Judge pursuant to 28 U.S.C. § 636.
On May 24, 2017, the report of the Magistrate Judge (Dkt. #52) was entered containing proposed
findings of fact and recommendations that Defendant Rick Tuzinski’s Motion to Compel
Arbitration (Dkt. #29) be denied and Defendant Kansas Asphalt, Inc.’s Motion to Stay Proceeding
Pending Outcome of Arbitration (Dkt. #30) be denied as moot.
Having received the report of the Magistrate Judge, and no objections thereto having been
timely filed, the 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 Defendant Rick Tuzinski’s Motion to Compel Arbitration

.

(Dkt. #29) is DENIED.
It is further ORDERED that Defendant Kansas Asphalt, Inc.’s Motion to Stay Proceeding
Pending Outcome of Arbitration (Dkt. #30) is DENIED AS MOOT.
IT IS SO ORDERED.

SIGNED this 9th day of June, 2017.

___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE