Ibarra et al v. Tower Insurance Company of New York et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 7 Report and Recommendations, 5 granting MOTION for Summary Judgment.(Signed by Judge Kenneth M. Hoyt) Parties notified.(ccarnew, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
'
'
'
'
'
'

HECTOR IBARRA, ET AL.
V.
TOWER INSURANCE COMPANY OF
NEW YORK, ET AL.

CIVIL ACTION NO. G-11-115

ORDER ADOPTING REPORT AND RECOMMENDATION
On June 14, 2011, Magistrate Judge John R. Froeschner submitted a Report and
Recommendation to this Court in which he recommended that the AMotion for Summary
Judgment@ of Defendant, Sterling National Insurance Agency, Inc., be granted after finding
that Sterling was not the agency involved in handling the adjustment of Plaintiffs= property
damage claim. On June 22, 2011, Plaintiffs, in a response to the Report and
Recommendation, stated that their investigation has confirmed Sterling=s position and,
consequently, they are not opposed to the Motion.
After appropriate review, pursuant to 28 U.S.C. ' 636(b)(1)(C), the Court finds that
Judge Froeschner=s findings and recommendation are well-grounded in law and fact.
Accordingly, it is hereby ORDERED and ADJUDGED that:
1)

the Report and Recommendation of Magistrate Judge Froeschner is
APPROVED and ADOPTED by this Court;

2)

the AMotion for Summary Judgment@ (Instrument no. 5) of Defendant,
Sterling National Insurance Agency, Inc., is GRANTED; and

3)

all claims asserted by Plaintiffs in their Original Petition against Defendant,
Sterling National Insurance Agency, Inc., are DISMISSED, with prejudice.

SIGNED at Houston, Texas this 27th day of June, 2011.

___________________________________
Kenneth M. Hoyt
United States District Judge