Tomek v. STP Nuclear Operating Co.
Filing
25
ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 22 Memorandum and Recommendations, GRANTING 16 MOTION for Summary Judgment Based on Preemption, Motion(s) terminated: 16 MOTION for Summary Judgment Based on Preemption, Case terminated on 9/14/18(Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3)
United States District Court
Southern District of Texas
ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
MICHAEL K. TOMEK
Plaintiff,
VS.
STP NUCLEAR OPERATING CO.
Defendant.
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September 14, 2018
David J. Bradley, Clerk
CIVIL ACTION NO. 3:17-CV-00340
ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
Pending before the Court are Michael K. Tomek’s Objections to Memorandum
and Recommendation. Dkt. 23. On August 7, 2018, this case was referred to Magistrate
Judge Andrew M. Edison pursuant to 28 U.S.C. § 636(b)(1). On August 28, 2018, Judge
Edison filed a Memorandum and Recommendation recommending that Defendant STP
Nuclear Operating Company’s Motion for Summary Judgment Based on Preemption
(Dkt. 16) be GRANTED.
On September 11, 2018, Plaintiff filed his Objections. In accordance with 28
U.S.C. § 636(b)(1)(c), this Court is required to “make a de novo determination of those
portions of the [magistrate judge’s] report or specified proposed findings or
recommendations to which objection [has been] made.” After conducting this de novo
review, the Court may “accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” Id.; see also FED. R. CIV. P. 72(b)(3).
The Court has carefully considered the Objections; the Memorandum and
Recommendation; the pleadings and summary judgment record; and the briefing and
arguments of the parties. The Court ACCEPTS Judge Edison’s Memorandum and
Recommendation and ADOPTS it as the opinion of the Court.
It is therefore
ORDERED that:
(1)
The Plaintiff’s Objections to Magistrate Judge’s Memorandum and
Recommendation are OVERRULED;
(2)
Defendant STP Nuclear Operating Company’s Motion for Summary
Judgment Based on Preemption (Dkt. 16) be GRANTED; and
(3)
This case is DISMISSED
SIGNED at Galveston, Texas, this 14th day of September, 2018.
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George C. Hanks Jr.
United States District Judge
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