Casaubon v. Texas Mutual Insurance Company et al

Filing 76

ORDER ADOPTING REPORT AND RECOMMENDATIONS. IT IS ORDERED that the report and recommendation of United States Magistrate Judge Dustin Howell, (Dkt. 73 ), is ADOPTED. IT IS FURTHER ORDERED that Defendants Motions to Dismiss, (Dkt. 52 ; Dkt. 56 ), are GRANTED. Plaintiffs claims against Donna R. Crosby and Texas Mutual are DISMISSED without prejudice. IT IS FINALLY ORDERED that Plaintiff may file a motion for leave to file an amended complaint on or before February 3, 2025. Signed by Judge Robert Pitman. (pg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
LESLIE CASAUBON,

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Plaintiff,
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v.
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TEXAS MUTUAL INSURANCE COMPANY §
and DONNA R. CROSBY, Travis County
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District Attorney,
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Defendants.
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1:19-CV-617-DII

ORDER
Before the Court is the report and recommendation of United States Magistrate Judge
Dustin Howell concerning Defendant Donna R. Crosby’s Motion to Dismiss, (Dkt. 52), and
Defendant Texas Mutual Insurance Company’s (“Texas Mutual”) Motion to Dismiss, (Dkt. 56). (R.
& R., Dkt. 73). Plaintiff timely filed objections to the report and recommendation. (Objs., Dkt. 74).
Texas Mutual filed a response to Plaintiff’s objections. (Dkt. 75).
A party may serve and file specific, written objections to a magistrate judge’s findings and
recommendations within fourteen days after being served with a copy of the report and
recommendation and, in doing so, secure de novo review by the district court. 28 U.S.C.
§ 636(b)(1)(C). Because Plaintiff timely objected to the report and recommendation, the Court
reviews the report and recommendation de novo. Having done so and for the reasons given in the
report and recommendation, the Court overrules Plaintiff’s objections and adopts the report and
recommendation as its own order.
In her objections, Plaintiff requests, in the alternative, for leave to amend her complaint.
(Objs., Dkt. 74, at 4–5). But, Plaintiff did not attach a proposed amended complaint as is required by
the local rules. See W.D. Tex. Loc. R. CV-7(b) (“When a motion for leave to file a pleading, motion,
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or other submission is required, an executed copy of the proposed pleading, motion, or other
submission shall be filed as an exhibit to the motion for leave.”). Therefore, the Court does not rule
on Plaintiff’s request for leave at this time, but it will allow Plaintiff to file a separate, proper motion
for leave to amend her complaint with a proposed amended complaint attached.
Accordingly, IT IS ORDERED that the report and recommendation of United States
Magistrate Judge Dustin Howell, (Dkt. 73), is ADOPTED.
IT IS FURTHER ORDERED that Defendants’ Motions to Dismiss, (Dkt. 52; Dkt. 56),
are GRANTED. Plaintiff’s claims against Donna R. Crosby and Texas Mutual are DISMISSED
without prejudice.
IT IS FINALLY ORDERED that Plaintiff may file a motion for leave to file an amended
complaint on or before February 3, 2025.
SIGNED on January 6, 2025.

ROBERT PITMAN
UNITED STATES DISTRICT JUDGE

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