Lake Texoma Highport, LLC v. Alterra Excess & Surplus Insurance Company

Filing 29

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. Defendant Evanston Insurance Company is DISMISSED WITHOUT PREJUDICE from this action. Each party shall bear its own costs. Signed by District Judge Amos L. Mazzant, III on 2/8/2018. (rpc, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

LAKE TEXOMA HIGHPORT, LLC d/b/a
HIGHPORT MARINA & RESORT &
HIGHPORT SOCIAL CLUB,
Plaintiff,
v.
EVANSTON INSURANCE COMPANY and
AXIS SURPLUS INSURANCE
COMPANY,
Defendants.

§
§
§
§
§
§
§
§
§
§
§
§
§

CIVIL ACTION NO. 4:17-CV-720
JUDGE MAZZANT/JUDGE JOHNSON

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 February 6, 2018, the report of the Magistrate Judge (Dkt. #28) was entered containing
proposed findings of fact and recommendations that the parties’ Stipulation of Dismissal Without
Prejudice of Defendant Evanston Insurance Company (Dkt. #27) should be GRANTED.
Having received the report of the United States Magistrate Judge, 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. Therefore, the parties’
Stipulation of Dismissal Without Prejudice of Defendant Evanston Insurance Company (Dkt. #25)
is GRANTED.
Accordingly, it is hereby ORDERED, ADJUDGED, AND DECREED that Defendant
Evanston Insurance Company is DISMISSED WITHOUT PREJUDICE from this action. Each
party shall bear its own costs.

.
The Clerk is directed to remove Defendant Evanston Insurance Company from this civil
action.
IT IS SO ORDERED.
SIGNED this 8th day of February, 2018.

___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

2