ELTTES, LLC v. NTNS Accounting and Tax Services, Inc. et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 19 Report and Recommendations. Signed by Judge Robert Pitman. (pg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
ELTTES, LLC,
Plaintiff,
V.
NTNS ACCOUNTING AND TAX
SERVICES, INC., et al.,
Defendants.

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1:22-cv-1048-DII

ORDER
Before the Court is the report and recommendation from United States Magistrate Judge
Susan Hightower concerning Defendants John Hancock Life Insurance Company (USA) and John
Hancock Assignment Company’s Motion to Dismiss Plaintiff’s Petition for Declaratory Judgment
and Brief in Support (Dkt. 2) and Plaintiff Elttes, LLC’s Motion to Remand (Dkt. 6). (R. & R., Dkt.
19). Pursuant to 28 U.S.C. § 636(b) and Rule 1(d) of Appendix C of the Local Rules of the United
States District Court for the Western District of Texas, Judge Hightower issued the report and
recommendation on May 4, 2023. As of the date of this order, no party has filed objections to the
report and recommendation.
Pursuant to 28 U.S.C. § 636(b), a party may serve and file specific, written objections to a
magistrate judge’s proposed 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. When no objections are timely filed, a district court reviews the magistrate’s report and
recommendation for clear error. See Fed. R. Civ. P. 72 advisory committee’s note (“When no timely
objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of
the record in order to accept the recommendation.”).

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Because no party has filed timely objections, the Court reviews the report and
recommendation for clear error. Having done so and finding no clear error, the Court accepts and
adopts the report and recommendation as its own order.
Accordingly, the Court ORDERS that the Report and Recommendation of the United
States Magistrate Judge, (Dkt. 19), is ADOPTED.
IT IS FURTHER ORDERED that Defendants John Hancock Life Insurance Company
(USA) and John Hancock Assignment Company’s Motion to Dismiss Plaintiff’s Petition for
Declaratory Judgment and Brief in Support (Dkt. 2) is GRANTED IN PART AND DENIED
IN PART AS FOLLOWS: Plaintiff’s claim for attorney’s fees is DISMISSED and the motion is in
all other respects DENIED.
IT IS FINALLY ORDERED that Plaintiff Elttes, LLC’s Motion to Remand (Dkt. 6) is
DENIED.
SIGNED on May 19, 2023.

ROBERT PITMAN
UNITED STATES DISTRICT JUDGE

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