Cortez Burlingame et al v. Galveston County et al

Filing 98

ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATIONS re: 86 Memorandum and Recommendations (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4)

Case 3:18-cv-00183 Document 98 Filed on 07/16/20 in TXSD Page 1 of 2
United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
JACQUELINE CORTEZ
BURLINGAME, ET AL.,
Plaintiffs.
VS.
GALVESTON COUNTY, ET AL.,
Defendants.

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July 16, 2020
David J. Bradley, Clerk

CIVIL ACTION NO. 3:18-CV-00183

ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On December 4, 2019, this case was referred to United States Magistrate
Judge Andrew M. Edison pursuant to 28 U.S.C. § 636(b)(1)(B). Dkt. 58. Judge
Edison considered two motions for summary judgment: (1) the defendants BoonChapman Benefit Administrators, Inc., Soluta Health, Inc., Kathy White A/K/A
Kathy Jean Jordan, Garry Killyon, Alexis Ensley, and Kimberly Boykins’s motion
for summary judgment (Dkt. 46); and (2) the defendants Galveston County and
Sheriff Henry Trochesset’s motion for summary judgment (Dkt. 48) (collectively,
the “Motions”). On April 27, 2020, Judge Edison filed a memorandum and
recommendation (Dkt. 86) recommending that the Motions be granted.
On May 11, 2020, the plaintiffs filed their objections. Dkt. 89. 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

Case 3:18-cv-00183 Document 98 Filed on 07/16/20 in TXSD Page 2 of 2

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 raise by the plaintiffs; all
responses and replies related to the objections; the memorandum and
recommendation; the pleadings; and the record. The court accepts Judge Edison’s
memorandum and recommendation (Dkt. 86) and adopts it as the opinion of the
court.
Accordingly, the court grants the defendants Boon-Chapman Benefit
Administrators, Inc., Soluta Health, Inc., Kathy White A/K/A Kathy Jean Jordan,
Garry Killyon, Alexis Ensley, and Kimberly Boykins’s motion for summary
judgment (Dkt. 46). The court also grants the defendants Galveston County and
Sheriff Henry Trochesset’s motion for summary judgment (Dkt. 48).
Signed on Galveston Island on the 16th day of July, 2020.

______________________________
JEFFREY VINCENT BROWN
UNITED STATES DISTRICT JUDGE

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