Martinez et al v. Hartford Life And Accident Insurance Company et al

Filing 21

ORDER ACCEPTING 13 FINDINGS, CONCLUSIONS, AND RECOMMENDATIONOF THE UNITED STATES MAGISTRATE JUDGE. IBC Bank terminated. (Signed by Judge Drew B Tipton) Parties notified.(JenniferNogueira, 7)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS MCALLEN DIVISION § § § Plaintiffs, § § VS. § § HARTFORD LIFE AND ACCIDENT § INSURANCE COMPANY, MINNESOTA § LIFE INSURANCE COMPANY, § TRANSAMERICA INSURANCE § COMPANY, IBC BANK and JOHN DOE, § § Defendants. § November 13, 2023 Nathan Ochsner, Clerk MARGARITA MARTINEZ and GABRIEL R. MARTINEZ, Civil Case No. 7:23-CV-00205 ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the October 12, 2023, Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Peter Bray. (Dkt. No. 17). Judge Bray made findings and conclusions and recommended that Plaintiff’s Motion for Remand (Dkt. No. 3) be denied and that Defendant IBC Bank be dismissed from the lawsuit. (Dkt. No. 17). The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005). No plain error appears. Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court. It is therefore ordered that: (1) Judge Bray’s M&R (Dkt. No. 17) is ACCEPTED and ADOPTED in its entirety as the holding of the Court; (2) Plaintiff’s Motion for Remand (Dkt. No. 3) is DENIED; and (3) Defendant IBC Bank is DISMISSED. It is SO ORDERED. Signed on November 13, 2023. ___________________________________ DREW B. TIPTON UNITED STATES DISTRICT JUDGE 2

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