OGD Equipment Co. v. Overhead Door Corporation et al

Filing 188

MEMORANDUM ADOPTING 170 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. OGD Equipment Co.'s Request for Rule 56(d) Relief (Dkt. #123) is hereby GRANTED. Signed by District Judge Amos L. Mazzant, III on 10/28/2019. (rpc, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

OGD EQUIPMENT CO.,
Plaintiff,
v.
OVERHEAD DOOR CORPORATION
and OVERHEAD DOOR COMPANY OF
LUBBOCK, INC.,
Defendants.

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ACTION NO. 4:17-CV-898
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 October 7, 2019, the Magistrate Judge entered proposed findings of fact and recommendations
(Dkt. #170) that Plaintiff OGD Equipment Co.’s (“OGD”) Request for Rule 56(d) Relief
(Dkt. #123) be granted.
Having received the Report of the United States Magistrate Judge, and no timely objections

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being 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.
Accordingly, OGD’s Request for Rule 56(d) Relief (Dkt. #123) is hereby GRANTED.
IT IS SO ORDERED.

SIGNED this 28th day of October, 2019.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE