Monroe Guaranty Insurance Company v. Newtex Realty LP

Filing 38

Order Accepting 37 Findings and Recommendations re 14 Counterclaim Third Party Complaint, 25 MOTION to Dismiss (Third-Party Defendant IMA, Inc.'s Motion to Dismiss Defendant Newtex Realty, L.P.'s Third-party Complaint). (Ordered by Judge Sam A Lindsay on 3/19/2019) (aaa)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
MONROE GUARANTY INSURANCE
COMPANY,
Plaintiff,
v.
NEWTEX REALTY, LP,
Defendant/Third-party Plaintiff,
v.
IMA WALDMAN,
Third-party Defendant.

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Civil Action No. 3:18-CV-256-L (BT)

ORDER
Before the court is Third-party Defendant IMA Waldman’s Motion to Dismiss Defendant
Newtex Realty, LP’s Third-party Complaint Pursuant to Rule 12(b)(1) (Doc. 25), filed June 25,
2018. On March 4, 2019, United States Magistrate Judge Rebecca Rutherford entered the Findings,
Conclusions, and Recommendation of the United States Magistrate Judge (“Report”),
recommending that the motion be granted and Defendant/Third-party Plaintiff Newtex Realty,
LP’s Third-party Complaint be dismissed without prejudice. No objections to the Report were
filed.
Having reviewed the record in this case, Report, and applicable law, the court determines
that the findings and conclusions of the magistrate judge are correct, and accepts them as those of
the court. Accordingly, the court grants Third-party Defendant IMA Waldman’s Motion to
Dismiss Defendant Newtex Realty, LP’s Third-party Complaint Pursuant to Rule 12(b)(1) (Doc.

Order – Page 1

25), and dismisses without prejudice Defendant/Third-party Plaintiff Newtext Realty LP’s Thirdparty Complaint (Doc. 14).
It is so ordered this 19th day of March, 2019.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2