Redi-Mix Solutions, Ltd. et al v. Express Chipping, Inc. et al

Filing 64

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 63 Report and Recommendations. The claims of 2S Transport, LLC f/k/a H&S Transport, Ltd are DISMISSED pursuant to the Fourth Amended Complaint. Stanley Keith Knox's Motion & Notice of Motion for Summary Judgment 55 and Express Chipping, Inc.'s Motion & Notice of Motion for Summary Judgment 56 are GRANTED as to the claims of Redi-Mix Solutions, Ltd. and DENIED as moot as to the claims of 2S Transport, LLC f/k/a H&S Transport, Ltd. Any motion not previously ruled on is DENIED. Signed by Judge Robert W. Schroeder, III on 09/14/17. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
REDI-MIX SOLUTIONS, LTD.,
2S TRANSPORT, LLC,
Plaintiffs,
v.
EXPRESS CHIPPING, INC., STANLEY
KEITH KNOX,

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CIVIL ACTION NO. 6:16-CV-00298-RWS

Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
The above entitled and numbered civil action was referred to United States Magistrate
Judge K. Nicole Mitchell pursuant to 28 U.S.C. § 636. The Report and Recommendation of the
Magistrate Judge, which contains her findings, conclusions, and recommendation for the
disposition of Defendants’ Motions for Summary Judgment, has been presented for
consideration. The Report and Recommendation (Docket No. 63) filed on August 24, 2017
recommends (1) that the claims of Plaintiff 2S Transport, LLC f/k/a H&S Transport, Ltd.
(“H&S”) be dismissed pursuant to the Fourth Amended Complaint and FED.R.CIV. P. 41(a)(2)
and (2) that Stanley Keith Knox’s Motion & Notice of Motion for Summary Judgment (Docket
No. 55) and Express Chipping, Inc.’s Motion & Notice of Motion for Summary Judgment
(Docket No. 56) be granted as to the claims of Redi-Mix and denied as moot as to the claims of
H&S. Docket No. 63 at 16. No objections have been filed. Accordingly, the Court reviews the
Magistrate Judge’s Report and Recommendation for clear error. See 28 U.S.C. § 636(b)(1); Fed.
R. Civ. P. 72(b).

After reviewing the Report, pleadings, and record in this matter, the Court concludes that
the Magistrate Judge did not clearly err in finding that the motions for summary judgment as to
H&S should be denied as moot because H&S is no longer a party to this action pursuant to the
Fourth Amended Complaint. The Magistrate Judge also did not err in finding that the claims
against Knox should be dismissed for lack of record evidence relating to damages and breach of
contract and that the claims against Express Chipping should be dismissed for lack of record
evidence supporting either a tortious interference claim or respondeat superior liability. The
Court therefore ADOPTS the findings and conclusions of the Magistrate Judge as those of the
Court. In light of the foregoing, it is
ORDERED that the claims of 2S Transport, LLC f/k/a H&S Transport, Ltd are
DISMISSED pursuant to the Fourth Amended Complaint and FED.R.CIV.P. 41(a)(2). It is
.
further
ORDERED that Stanley Keith Knox’s Motion & Notice of Motion for Summary
Judgment (Docket No. 55) and Express Chipping, Inc.’s Motion & Notice of Motion for
Summary Judgment (Docket No. 56) are GRANTED as to the claims of Redi-Mix Solutions,
Ltd. and DENIED as moot as to the claims of 2S Transport, LLC f/k/a H&S Transport, Ltd. It is
finally
ORDERED that any motion not previously ruled on is DENIED.
SIGNED this 14th day of September, 2017.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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