Garcia et al v. Liberty Mutual Insurance et al

Filing 33

ORDER ADOPTING 32 Memorandum and Recommendations GRANTING 14 MOTION for Summary Judgment .(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
MIGUEL GARCIA AND LUPE GARCIA,
Plaintiffs,
v.
LIBERTY MUTUAL INSURANCE COMPANY
AND JEFF DIXON,
Defendant.

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CIVIL ACTION H-17-1587

ORDER
Pending before the court is a memorandum and recommendation by Magistrate Judge Nancy
K. Johnson (“M&R”). Dkt. 32. The M&R recommended granting defendants Liberty Insurance
Corporation1 and Jeff Dixon’s (collectively, “Defendants”) motion for summary judgment (Dkt. 14)
on all of plaintiffs Miguel and Lupe Garcia’s claims.
Objections to the M&R were due on January 31, 2019, but the Garcias have not filed any
objections to date. See Dkt. 32. “When no timely objection is filed, the court need only satisfy itself
that there is no clear error on the face of the record in order to accept the recommendation.” See Fed.
R. Civ. P. 72(b), Advisory Comm. Note (1983). The court, having reviewed the M&R, evidence in
the record, motions, and applicable law, and having received no objections, finds no clear error.
Thus, the court ADOPTS IN FULL the M&R (Dkt. 32). For the reasons stated in the M&R,
Defendants’ motion for summary judgment is GRANTED.
Signed at Houston, Texas on March 27, 2019.

___________________________________
Gray H. Miller
Senior United States District Judge

1

The Garcias incorrectly named defendant Liberty Insurance Corporation as “Liberty
Mutual Insurance” in their petition. See Dkt. 1-2; Dkt. 14 at 1.