Ochoa v. Allstate Vehicle and Property Insurance Company

Filing 31

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Signed by Judge Drew B Tipton) Parties notified. (jen7)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
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Plaintiff,
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VS.
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ALLSTATE VEHICLE AND PROPERTY §
INSURANCE COMPANY
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Defendant.
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March 06, 2025
Nathan Ochsner, Clerk

MARY OCHOA

Civil Case No. 7:23-cv-00425

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Pending before the Court is the February 17, 2025 Memorandum and
Recommendation (“M&R”) prepared by Magistrate Judge Bray. (Dkt. No. 29). Judge
Bray made findings and conclusions and recommended that Defendant’s Motion for
Summary Judgment, (Dkt. No. 13), be denied. (Dkt. No. 29).
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. 29) is ACCEPTED and ADOPTED in its
entirety as the holding of the Court; and

(2)

Defendant’s Motion for Summary Judgment, (Dkt. No. 13), is DENIED.

It is SO ORDERED.

Signed on March 6, 2025.
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DREW B. TIPTON
UNITED STATES DISTRICT JUDGE

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