Sims v. Liberty Mutual Insurance Company

Filing 47

ORDER ADOPTING 46 REPORT AND RECOMMENDATIONS. Pursuant to Judge Giblin's recommendation, the Court ORDERS that the stay entered in this case by order (Doc. No. 32) is lifted to allow for final disposition. Signed by District Judge Ron Clark on 1/10/18. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
RICKIE SIMS,
Plaintiff,
v.
LIBERTY MUTUAL INSURANCE CO.,
Defendant.

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CIVIL ACTION NO. 9:14-CV-13

ORDER ADOPTING REPORT AND RECOMMENDATION
The Court referred this matter to United States Magistrate Judge Keith F. Giblin for
consideration of and recommended disposition on case-dispositive pretrial motions. On December
22, 2017, Judge Giblin issued his report and recommendation in which he recommended that the
Court lift the stay, deny a number of pending motions, and grant defendant Liberty Mutual
Insurance Company’s motion for summary judgment. See Report and Recommendation (Doc.
No. 46). The parties have not filed objections to the magistrate judge’s report.
In accordance with 28 U.S.C. § 636(b), the court conducted a de novo review of the
magistrate judge’s findings, the record, and the applicable law in this proceeding. After review, the
Court finds that Judge Giblin’s findings and recommendations should be accepted.
The Court ORDERS that the Report and Recommendation (Doc. No. 46) is ADOPTED.
Pursuant to Judge Giblin’s recommendation, the Court ORDERS that the stay entered in this case
by order (Doc. No. 32) is lifted to allow for final disposition.
It is further ORDERED that the following motions are DENIED:
-Liberty Mutual’s motions to dismiss for mootness (Doc. No. 42, Doc. No. 45);
-Plaintiff’s motion to remand (Doc. No. 17);

-Plaintiff’s motion for leave to file fourth amended complaint (Doc. No. 26); and
-Plaintiff’s motions for Partial Summary Judgment (Doc. No. 15, Doc. No. 16).
The Court finally ORDERS that the defendant Liberty Mutual Insurance Company’s motion for
summary judgment (Doc. No. 14) is GRANTED as recommended by Judge Gibilin. Plaintiff’s
claims are DISMISSED in their entirety, with prejudice. The Court finds in favor of Liberty Mutual
Insurance Company on its request for a declaratory judgment determining that the applicable
uninsured/under-insured motorist (UM/UIM) policy limit for the policy at issue in this case is
$250,000.00, as set forth in further detail in the magistrate judge’s report. The Court will enter final
judgment separately.

So Ordered and Signed
Jan 10, 2018

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