Stevenson v. Wal-Mart Stores Texas, LLC et al

Filing 31

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGEre: 30 Memorandum and Recommendations. Granting 22 MOTION for Leave to File Amended Complaint, granting 23 MOTION to Remand. (Signed by Judge Nelva Gonzales Ramos) Parties notified. (bnb6)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION

BRITTNEY STEVENSON,
Plaintiff,
VS.
WAL-MART STORES TEXAS, LLC, et
al.,
Defendants.

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November 26, 2024
Nathan Ochsner, Clerk

CIVIL ACTION NO. 6:23-CV-00061

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
On October 16, 2024, United States Magistrate Judge Mitchel Neurock issued his
“Memorandum and Recommendation of United States Magistrate Judge” (D.E. 30). The
parties were provided proper notice of, and opportunity to object to, the Magistrate Judge’s
memorandum and recommendation. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1); General
Order No. 2002-13. No objections have been timely filed.
When no timely objection to a magistrate judge’s memorandum and
recommendation is filed, the district court need only satisfy itself that there is no clear error
on the face of the record and accept the magistrate judge’s memorandum and
recommendation. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing
Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the
Magistrate Judge’s memorandum and recommendation (D.E. 30), and all other relevant
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documents in the record, and finding no clear error, the Court ADOPTS as its own the
findings and conclusions of the Magistrate Judge. Accordingly, the Court:
• GRANTS Plaintiff’s motion for leave to amend her complaint (D.E. 22);
• DIRECTS the Clerk to docket Plaintiff’s amended complaint (D.E. 22-2);
• GRANTS Plaintiff’s motion for remand (D.E. 23); and
• REMANDS this case to the 24th Judicial District Court of Calhoun
County, Texas for lack of subject-matter jurisdiction.
ORDERED on November 26, 2024.
_______________________________
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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