Green Acres Baptist Church et al v. Brotherhood Mutual Insurance Company
Filing
63
ORDER adopting Report and Recommendations for 49 Report and Recommendations, DENYING 20 Motion to Strike filed by Brotherhood Mutual Insurance Company, DENYING 18 Motion to Strike filed by Green Acres Baptist Church, GABC Foundation, GABC Early Education Center, DENYING 14 Motion for Summary Judgment filed by Brotherhood Mutual Insurance Company. Signed by District Judge Jeremy D. Kernodle on 1/27/2025. (esw)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
GREEN ACRES BAPTIST CHURCH,
INC., et al.,
Plaintiffs,
v.
BROTHERHOOD MUTUAL
INSURANCE CO.,
Defendant.
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Case No. 6:23-cv-566-JDK
ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
The Court referred Defendant Brotherhood Mutual’s motion for partial
summary
judgment
(Docket
No.
14)
for
proposed
findings
of
fact
and
recommendations for disposition in accordance with 28 U.S.C. § 636(b)(1) and Federal
Rule of Civil Procedure 72. Docket No. 23. The Magistrate Judge issued a Report
recommending that the motion be denied.
Docket No. 49.
Fourteen days have
now passed, and no written objections have been filed.
This Court reviews the findings and conclusions of the Magistrate Judge de
novo only if a party objects within fourteen days of service of the Report and
Recommendation. 28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court
examines the entire record and makes an independent assessment under the law.
Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc),
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superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to
file objections from ten to fourteen days). Here, no objections were filed. The Court
therefore reviews the Magistrate Judge’s findings for clear error or abuse of discretion
and reviews her legal conclusions to determine whether they are contrary to law. See
United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (holding that, if no
objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly
erroneous, abuse of discretion and contrary to law”).
Having reviewed the Magistrate Judge’s Report and Recommendation, the
Court finds no clear error or abuse of discretion and no conclusions contrary to law.
Accordingly, the Court hereby ADOPTS the Report and Recommendation of the
United States Magistrate Judge (Docket No. 49) as the findings of this Court. It is
therefore ORDERED that Brotherhood Mutual’s motion for partial summary
judgment (Docket No. 14) is DENIED.
Additionally, as stated in the Report,
Plaintiffs’ motion to strike certain evidence in Brotherhood Mutual’s motion for
summary judgment (Docket No. 18) and Brotherhood Mutual’s objections to and
motion to strike the declaration of Thomas J. Irmiter (Docket No. 20) are DENIED.
So ORDERED and SIGNED this 27th day of January, 2025.
___________________________________
JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE
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