UNITED STATES OF AMERICA v. All Funds on Deposit at Old Mutual of Bermuda, Ltd. Contract Number CX4011696 in Bermuda

Filing 37

ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION denying 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND LACK OF SUBJECT MATTER JURISDICTION (Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
UNITED STATES OF AMERICA
VS.
ALL FUNDS ON DEPOSIT AT OLD
MUTUAL OF BERMUDA LTD.
CONTRACT NUMBER CX4011696 IN
BERMUDA

§
§
§ CIVIL ACTION NO. 2:13-CV-294
§
§
§
§
§

ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
Pending before the Court is Magistrate Judge B. Janice Ellington’s Memorandum
and Recommendation (M&R) (D.E. 30), whereby Magistrate Ellington recommends that
Claimants Jorge Juan Torres and Maria Carlota Llaguno de Torres’ (“Claimants”) Motion
to Dismiss Pursuant to Rule 12(b)(6) and Memorandum in Support of Motion to Dismiss
for Failure to State a Claim and Lack of Subject Matter Jurisdiction (D.E. 7) be denied.
A district court that refers a case to a magistrate judge must review de novo any
portions of the magistrate judge's proposed findings and recommendations on dispositive
matters to which the parties have filed specific, written objections. FED. R. CIV. P. 72(b).
The district court may accept, reject, or modify, in whole or in part, those portions of the
proposed findings and recommendations. Id. With respect to non-dispositive matters, the
district court must consider timely objections and modify or set aside any part of the
order that is clearly erroneous or is contrary to law. FED. R. CIV. P. 72(a).

1/2

After due consideration of the applicable law, the record, and there having been no
objections filed, Magistrate Ellington’s Memorandum and Recommendation (D.E. 30) is
ADOPTED as the opinion of this Court.
Accordingly, Claimants’ Motion to Dismiss Pursuant to Rule 12(b)(6) and
Memorandum in Support of Motion to Dismiss for Failure to State a Claim and Lack of
Subject Matter Jurisdiction (D.E. 7) is DENIED.
It is so ORDERED.

ORDERED this 29th day of April, 2014.

___________________________________
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

2/2