Royal Hospitality Corp. v. Underwriters at Lloyds et al

Filing 72

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: granting 54 MOTION for Judgment, granting 59 MOTION for for Judgment on the pleadings or in the alternative motion for summary judgment Judgment, approved and adopted 70 Memorandum and Recommendations,, (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
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Plaintiff.
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VS.
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UNDERWRITERS AT LLOYD’S, et al. §
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Defendants.
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September 05, 2019
David J. Bradley, Clerk

ROYAL HOSPITALITY CORP.

CIVIL ACTION NO. 3:18–CV–000102

ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On July 15, 2019, Defendant Hallmark Specialty Insurance Company’s Motion for
Judgment on the Pleadings, or in the Alternative, Motion for Summary Judgment (Dkt.
54) and Defendant AXIS Corporate Capital UK Limited, Successor in Interest to Novae
Group PLC’s Motion for Judgment on the Pleadings, or in the Alternative, Motion for
Summary Judgment (Dkt. 59) were referred to United States Magistrate Judge Andrew
M. Edison pursuant to 28 U.S.C. § 636(b)(1)(B). Dkt. 67. On August 20, 2019, Judge
Edison filed a Memorandum and Recommendation (Dkt. 70) recommending that the
motions be GRANTED.
On September 3, 2019, Plaintiff Royal Hospitality Corp. filed its 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 the record. The Court ACCEPTS Judge Edison’s
Memorandum and Recommendation and ADOPTS it as the opinion of the Court. It is
therefore ORDERED that:
(1)

Judge Edison’s Memorandum and Recommendation (Dkt. 70) is
APPROVED AND ADOPTED in its entirety as the holding of the Court;

(2)

Defendant Hallmark Specialty Insurance Company’s Motion for Judgment
on the Pleadings, or in the Alternative, Motion for Summary Judgment
(Dkt. 54) and Defendant AXIS Corporate Capital UK Limited, Successor in
Interest to Novae Group PLC’s Motion for Judgment on the Pleadings, or
in the Alternative, Motion for Summary Judgment (Dkt. 59) are
GRANTED; and

(3)

Hallmark Specialty Insurance Company and AXIS Corporate Capital UK
Limited are dismissed from this case without prejudice.

It is so ORDERED.
SIGNED at Galveston, Texas, this 5th day of September, 2019.
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George C. Hanks Jr.
United States District Judge

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