Brown v. Amec Foster Wheeler Kamtech, Inc. et al

Filing 27

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: The objections by Defendants AMEC Foster Wheeler Kamtech Inc, Desroy Martin, and Wood Group USA Inc to the Memorandum and Recommendation of the Magistrate Judge are OVERRULED. Dkt 26. The Memorandum a nd Recommendation of the Magistrate Judge is ADOPTED as the Memorandum and Order of this Court. Dkt 22. The motion by Plaintiff Emma Brown to remand is GRANTED. Dkt 12. Defendants motion to strike is DENIED. Dkt. 17. The motion to dismiss by Defendan t Desroy Martin is DENIED AS MOOT. Dkt. 2. The motion by Brown to amend is DENIED AS MOOT. Dkt 13. This action is REMANDED to the 281st Judicial District Court of Harris County, Texas.(Signed by Judge Charles Eskridge) Parties notified.(JosephWells, 4)

United States District Court
Southern District of Texas

ENTERED
August 01, 2022
Nathan Ochsner, Clerk

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
§ CIVIL ACTION NO.
§ 4:21-cv-04093
§
§
§ JUDGE CHARLES ESKRIDGE
vs.
§
§
§
AMEC FOSTER
WHEELER KAMTECH, §
§
INC, et al,
Defendants. §
EMMA BROWN,
Plaintiff,

ORDER ADOPTING
MEMORANDUM AND RECOMMENDATION
Pending is a Memorandum and Recommendation by
Magistrate Judge Christina A. Bryan dated June 17, 2022.
Dkt 22. Also pending are objections filed by Defendants
AMEC Foster Wheeler Kamtech Inc, Desroy Martin, and
Wood Group USA Inc. Dkt 26.
The district court reviews de novo those conclusions of
a magistrate judge to which a party has specifically
objected. See FRCP 72(b)(3) & 28 USC § 636(b)(1)(C); see
also United States v Wilson, 864 F2d 1219, 1221 (5th Cir
1989, per curiam). The district court may accept any other
portions to which there’s no objection if satisfied that no
clear error appears on the face of the record. See Guillory v
PPG Industries Inc, 434 F3d 303, 308 (5th Cir 2005), citing
Douglass v United Services Automobile Association, 79 F3d
1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b)
advisory committee note (1983).
Upon de novo review and determination, Defendants’
objections lack merit. No clear error otherwise appears

upon review and consideration of the Memorandum and
Recommendation, the record, and the applicable law.
The objections by Defendants AMEC Foster Wheeler
Kamtech Inc, Desroy Martin, and Wood Group USA Inc to
the Memorandum and Recommendation of the Magistrate
Judge are OVERRULED. Dkt 26.
The Memorandum and Recommendation of the
Magistrate Judge is ADOPTED as the Memorandum and
Order of this Court. Dkt 22.
The motion by Plaintiff Emma Brown to remand is
GRANTED. Dkt 12.
Defendants’ motion to strike is DENIED. Dkt. 17.
The motion to dismiss by Defendant Desroy Martin is
DENIED AS MOOT. Dkt. 2.
The motion by Brown to amend is DENIED AS MOOT.
Dkt 13.
This action is REMANDED to the 281st Judicial District
Court of Harris County, Texas.
The Clerk shall provide a copy of this Order to the
District Clerk for Harris County, Texas.
SO ORDERED.
Signed on August 1, 2022, at Houston, Texas.

___________________________
Hon. Charles Eskridge
United States District Judge

2