EKIJOINT GOLD, LLC et al v. JAIME DEL COLLINS

Filing 75

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 73 Report and Recommendations, EKIJOINT GOLD, LLC terminated.. Signed by Judge Fred Biery. (vl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
EKIJOINT GOLD, LLC; and JOSE
EMMANUEL LOPEZ VELARDE LUNA,
Plaintiffs,
V.
JAIME DEL COLLINS, Individually and
d/b/a Ekijoint Gold USA and as Optiwize
Health and as Soundness Solutions, LLC;
and OPTI JOINTS LLC,
Defendants.

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CIVIL ACTION NO. SA-23-CA-358-FB

ORDER ACCEPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Before the Court is the Report and Recommendation of United States Magistrate Judge
concerning the status of this case, filed on February 5, 2025. (Docket no. 73). To date, no objections
to the Report and Recommendation have been received.1
Because no party has objected to the Magistrate Judge's Report and Recommendation, the Court
need not conduct a de novo review. See 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de
novo determination of those portions of the report or specified proposed findings and recommendations
to which objection is made."). The Court has reviewed the Report and Recommendation and finds its
reasoning to be neither clearly erroneous nor contrary to law. United States v. Wilson, 864 F.2d 1219,
1221 (5th Cir.), cert. denied, 492 U.S. 918 (1989).

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Any party who desires to object to a M agistrate's findings and recom m endations m ust serve and file his, her or its written objections within

fourteen days after being served with a copy of the findings and recom m endation. 28 U .S.C. § 635(b)(1). If service upon a party is m ade by m ailing
a copy to the party’s last known address, “service is com plete upon m ailing.” F ED . R. C IV. P. 5(b)(2)(C). If service is by electronic m eans, “service is
com plete upon transm ission.” Id. at (E).

IT IS THEREFORE ORDERED that the Report and Recommendation of United States
Magistrate Judge (docket no. 73) is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1) such that Plaintiff
Ekijoint Gold, LLC is DISMISSED WITHOUT PREJUDICE from this case pursuant to Federal Rule
of Civil Procedure 41(b) for failure to comply with the Court’s orders to retain counsel in this case.
This civil action continues to be referred to United States Magistrate Judge Henry J. Bemporad for
further proceedings.
The Clerk of Court is directed to provide a copy of this Order to pro se Plaintiff Jose Emmanuel
Lopez Velarde Luna by email to [e-mail].
It is so ORDERED.
SIGNED this 5th day of March, 2025.

_________________________________________________
FRED BIERY
UNITED STATES DISTRICT JUDGE

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