Marquette Transportation Company Gulf Inland LLC v. McCoun

Filing 38

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: granting 13 Opposed MOTION to Transfer Venue, accepts 36 Memorandum and Recommendations, Limitation Defendants Objection to the Courts Memorandum and Recommendation to Transfer Venue (Dkt. 37) be OVERRULED; (Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
IN THE MATTER OF THE
COMPLAINT OF MARQUETTE
TRANSPORTATION COMPANY
GULF-INLAND LLC, as owner of the
M/V CORPUS CHRISTI, FOR
EXONERATION FROM OR
LIMITATION OF LIABILITY

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September 17, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 3:18-CV-00074

ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
Pending before the Court are Limitation Defendant’s Objection to the Court’s
Memorandum and Recommendation to Transfer Venue. Dkt. 37. On August 22, 2018,
this case was referred to Magistrate Judge Andrew M. Edison pursuant to 28 U.S.C. §
636(b)(1).

On September 4, 2018, Judge Edison filed a Memorandum and

Recommendation (Dkt. 36) recommending that Marquette Transportation Company
Gulf-Inland, LLC’s Opposed Motion to Transfer Venue (Dkt. 13) be GRANTED.
On September 14, 2018, Limitation Defendant, Robert McCoun, 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)

Limitation Defendant’s Objection to the Court’s Memorandum and
Recommendation to Transfer Venue (Dkt. 37) be OVERRULED;

(2)

Marquette Transportation Company Gulf-Inland, LLC’s Opposed Motion
to Transfer Venue (Dkt. 13) be GRANTED; and

(3)

This case be TRANSFERRED to the United States District Court for the
Western District of Kentucky.

SIGNED at Galveston, Texas, this 17th day of September, 2018.
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George C. Hanks Jr.
United States District Judge

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