R&J Entertainment LLC et al v. HCC Specialty Insurance Company et al

Filing 113

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 106 Memorandum and Recommendations granting 97 MOTION to Dismiss Plaintiff's First Amended Complaint. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)

Case 4:20-cv-03782 Document 113 Filed on 01/07/22 in TXSD Page 1 of 2
United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
R&J ENTERTAINMENT LLC D/B/A/
TRAPPED ESCAPE ROOM, ET. AL.,
Plaintiffs.
VS.
HOUSTON CASUALTY COMPANY,
Defendant.

January 07, 2022
Nathan Ochsner, Clerk

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§ CIVIL ACTION NO. 4:20-cv-03782
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ORDER ADOPTING MAGISTRATE JUDGE’S
MEMORANDUM AND RECOMMENDATION
On September 15, 2021, this case was referred to United States Magistrate Judge
Andrew M. Edison under 28 U.S.C. § 636(b)(1)(B). Dkt. 99. Judge Edison filed a
Memorandum and Recommendation on November 10, 2021, recommending that
Defendant Houston Casualty Company’s Rule 12(b)(6) Motion to Dismiss Plaintiffs’
First Amended Complaint (Dkt. 97) be GRANTED. See Dkt. 106.
On November 24, 2021, Plaintiffs filed their Objections. Defendant has responded
to those 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).

Case 4:20-cv-03782 Document 113 Filed on 01/07/22 in TXSD Page 2 of 2

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. 106) is
APPROVED AND ADOPTED in its entirety as the holding of the Court;
and

(2)

Defendant Houston Casualty Company’s Rule 12(b)(6) Motion to Dismiss
Plaintiffs’ First Amended Complaint (Dkt. 97) is GRANTED.

It is so ORDERED.
SIGNED and ENTERED this 7th day of January 2022.

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G O G C. HANKS, JR.
GEORGE C A S
UNITED STATES DISTRICT JUDGE

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