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)

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