Brown Water Towing, VI, Inc. et al

Filing 27

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO GRANT DEFAULT JUDGMENT AGAINST ALL POTENTIAL CLAIMANTS WHO HAVE NOT APPEARED re: 22 Memorandum and Recommendations, granting 21 Unopposed MOTION Unopposed Motion for entry of Judgment by Default. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
BROWN WATER TOWING, VI, INC., et §
al,
§
§
Petitioners,
§
VS.
§
§
MICHAEL LEE CABLE,
§
§
Claimant.
§

March 05, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 2:17-CV-00318

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
TO GRANT DEFAULT JUDGMENT AGAINST
ALL POTENTIAL CLAIMANTS WHO HAVE NOT APPEARED
On February 14, 2018, United States Magistrate Judge Jason B. Libby issued his
“Memorandum and Recommendation to Grant Petitioners’ Unopposed Motion for
Judgment by Default Against All Non-Appearing Claimants” (D.E. 22). The parties were
provided proper notice of, and opportunity to object to, the Magistrate Judge’s
Memorandum and Recommendation. FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b)(1);
General Order No. 2002-13. No objections have been filed.
When no timely objection to a magistrate judge’s memorandum and
recommendation is filed, the district court need only satisfy itself that there is no clear
error on the face of the record and accept the magistrate judge’s memorandum and
recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005)
(citing Douglass v. United Services Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the
Magistrate Judge’s Memorandum and Recommendation (D.E. 22), and all other relevant
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documents in the record, and finding no clear error, the Court ADOPTS as its own the
findings and conclusions of the Magistrate Judge. Accordingly, “Petitioners’ Unopposed
Motion for Judgment by Default Against All Non-Appearing Claimants” (D.E. 21) is
GRANTED.
The Court GRANTS DEFAULT JUDGMENT in favor of Petitioners and
against any and all claimants that have not filed a claim, answer, and/or otherwise moved
for leave to intervene in this proceeding for any loss, damages, or injuries caused by or
resulting from any casualty made the basis of this proceeding. The duly filed claim of
Michael Lee Cable, Individually and as Guardian and Conservator of J.C., a minor,
remains pending.
ORDERED this 5th day of March, 2018.
___________________________________
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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