Murray Brothers, Inc etal v. Tru South Oil, LLC.

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 11 Motion to Dismiss/Lack of Jurisdiction filed by TruSouth Oil, LLC.. The motion is denied. Signed by Judge Ron Clark on 6/6/12. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
MURRAY BROTHERS, INC. et al,
Plaintiffs,
v.

TRUSOUTH OIL, LLC,
Defendant.

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CIVIL ACTION NO. 9:11CV-175
JUDGE RON CLARK

ORDER ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES
MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions, and recommendation for the disposition of Defendant Trusouth Oil, LLC’s Rule
12(b)(1) Motion has been presented for consideration. The Report and Recommendations
recommends that Defendant’s Rule 12(b)(1) motion [Doc. # 11] be denied. Defendant filed written
objections to the Report and Recommendation on May 15, 2012. Doc. # 23.
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. Defendant’s position that dismissal is appropriate in light of its addition of a necessary and
non-diverse third party defendant has been rejected by the Fifth Circuit. State Nat’l Ins. Co., Inc. v.
Yates, 391 F.3d 577, 579-81 (5th Cir. 2004); see also Fireworks Distrib. Ctr., LLC v. Winco
Fireworks, Inc., 2010 WL 1050326 at *2-3 (S.D. Tex. Mar. 17, 2010). The court therefore adopts
the findings and conclusions of the Magistrate Judge as those of the court.

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In light of the foregoing, it is ORDERED that Defendant Trusouth Oil, LLC’s Rule 12(b)(1)
Motion [Doc. # 11] is DENIED.
So ORDERED and SIGNED this 6 day of June, 2012.

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Ron Clark, United States District Judge

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