Cartwright v. American Honda Motor Co., Inc. et al

Filing 160

ORDER adopting 117 Report and Recommendation. Order granting in part, denying in part 41 Motion for Summary Judgment. The motion is granted as to Plaintiff's manufacturing and marketing defect claims. Plaintiff's manufacturing and marketing defect claims are dismissed with prejudice. The motion for summary judgment is denied as to Plaintiff's design defect claim. Signed by Judge Ron Clark on 2/14/2012. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION

ASHLEY CARTWRIGHT

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v.

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AMERICAN HONDA MOTOR CO., INC.

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CIVIL ACTION NO. 9:09CV205

ORDER ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE

The Report and Recommendation of the Magistrate Judge, which contain her findings,
conclusions, and recommendation for the disposition of this matter has been presented for
consideration. The Report and Recommendation recommends that the Motion for Summary
Judgment (document #41) be granted in part and denied in part. Defendant filed written objections
(document #145) on February 1, 2012.
Having made a de novo review of the written objections filed by Defendant, the Court finds
that the findings and conclusions of the Magistrate Judge are correct and the objections are without
merit. 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 Motion for Summary Judgment (document #41) is GRANTED in part
and DENIED in part. The motion is granted as to Plaintiff’s manufacturing and marketing defect
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claims. Plaintiff’s manufacturing and marketing defect claims are DISMISSED with prejudice. The
motion for summary judgment is denied as to Plaintiff’s design defect claim.
So ORDERED and SIGNED this 14 day of February, 2012.

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Ron Clark, United States District Judge

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