Campbell v. Texas Tea Reclamation, LLC

Filing 62

ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATIONS re: 40 MOTION for Summary Judgment as to Liability 59 Memorandum and Recommendations (Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
H. STUART CAMPBELL, JR., in his
capacity as Executor of the Estate of
H. Stuart Campbell, Sr.,
VS.
TEXAS TEA RECLAMATION, LLC, et
al.

July 15, 2021
Nathan Ochsner, Clerk

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§ CIVIL ACTION NO. 3:20-CV-0090
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ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On August 26, 2020, all dispositive pretrial matters in this case were
referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. §
636(b)(1)(B). See Dkt. 28. On June 15, 2021, Judge Edison filed a memorandum
and recommendation, recommending that Plaintiff’s Motion for Summary
Judgment as to Liability on His Claims for Breach of Contract (Dkt. 40) be
denied. See Dkt. 59.
Plaintiff H. Stuart Campbell, Jr., as executor of the Estate of H. Stuart
Campbell, Sr., filed an objection to the memorandum and recommendation on
June 29, 2021. See Dkt. 60. 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. 59) is
approved and adopted in its entirety as the holding of the court; and

(2)

Plaintiff’s Motion for Summary Judgment as to Liability on His
Claims for Breach of Contract is denied.

Signed on Galveston Island this 15th day of July, 2021.

______________________________
JEFFREY VINCENT BROWN
UNITED STATES DISTRICT JUDGE

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