Sheppard v. P&S Transportation, LLC et al

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATION for 45 Report and Recommendations. (Motion for Partial Summary Judgment (Docket No. 30) is GRANTED. Plaintiff's gross negligence claims against Defendants are DISMISSED WITH PREJUDICE.) Signed by District Judge Robert W. Schroeder, III on 5/18/2018. (slo, )

IN THE UNITED STATES DISTRICT COURT
OF THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
KYLA SHEPPARD

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V.
R&S TRANSPORTATION, LLC and
DWIGHT DOUGLAS

No. 5:16CV141-RWS-CMC

MEMORANDUM ORDER ADOPTING
REPORT AND RECOMMENDATION
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. § 636. The Report of the Magistrate
Judge, which contains her proposed findings of fact and recommendations for the disposition of such
action, has been presented for consideration.
On April 25, 2018, the Magistrate Judge issued a Report and Recommendation,
recommending Defendants’ Motion for Partial Summary Judgment (Docket No. 30) be
granted.

Specifically, the Magistrate Judge recommended, in a thorough, 31-page report,

that Plaintiff’s gross negligence claims against Defendants be dismissed.
To date, no objections have been filed to the April 25, 2018 Report and Recommendation.
As noted in the Report and Recommendation, failure to file objections to the proposed findings and
recommendations contained in the report within fourteen days after service bars an aggrieved party
from de novo review by the district court of those proposed findings and recommendations and from
appellate review of factual findings accepted or adopted by the district court except on grounds of
plain error or manifest injustice.
There being no grounds of plain error or manifest injustice, the Court hereby adopts the
Report of the United States Magistrate Judge as the findings and conclusions of this Court.

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.
Plaintiff’s gross negligence claims should be dismissed.
Accordingly, it is hereby
ORDERED that Defendants’ Motion for Partial Summary Judgment (Docket No. 30)
is GRANTED. It is further
ORDERED that Plaintiff’s gross negligence claims against Defendants are DISMISSED
WITH PREJUDICE.
So ORDERED and SIGNED this 18th day of May, 2018.

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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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