Abulehieh v. State Farm Lloyds

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 16 Report and Recommendations; GRANTED IN PART 13 Motion for Summary Judgment filed by State Farm Lloyds-- IT IS THEREFORE ORDERED that the Report and Recommendation of the United StatesMagistrate Judge (docket no. 16) is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1) such that DefendantState Farm Lloyds Motion for Summary Judgment (docket no. 13) is GRANTED in PART as toPlaintiffs request for exemplary damages. In all other respects, the motion is DENIED.. Signed by Judge Fred Biery. (vl)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION GHASSAN ABULEHIEH, Plaintiff, V. STATE FARM LLOYDS, Defendant. § § § § § § § § § CIVIL ACTION NO. SA-23-CA-572-FB ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Before the Court are the Report and Recommendation of United States Magistrate Judge (docket no. 16) concerning Defendant State Farm Lloyds’ Motion for Summary Judgment (docket no. 13), along with Defendant’s written objections thereto. Where no party has objected to a Magistrate Judge's Report and Recommendation, the Court need not conduct a de novo review of the Report and Recommendation. 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."). In such cases, the Court need only review the Report and Recommendation and determine whether it is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918 (1989). On the other hand, any Report and Recommendation to which objection is made requires de novo review by the Court. Such a review means that the Court will examine the entire record, and will make an independent assessment of the law. The Court need not, however, conduct a de novo review when the objections are frivolous, conclusive, or general in nature. Battle v. United States Parole Comm'n, 834 F.2d 419, 421 (5th Cir. 1987). The Court has thoroughly analyzed Defendant’s submission in light of the entire record. As required by Title 28 U.S.C. § 636(b)(1)(c), the Court has conducted an independent review of the entire record in this cause and has conducted a de novo review with respect to those matters raised by the objections. After due consideration, the Court concludes the objections lack merit. IT IS THEREFORE ORDERED that the Report and Recommendation of the United States Magistrate Judge (docket no. 16) is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1) such that Defendant State Farm Lloyds’ Motion for Summary Judgment (docket no. 13) is GRANTED in PART as to Plaintiff’s request for exemplary damages. In all other respects, the motion is DENIED. It is so ORDERED. SIGNED this 3rd day of July, 2024. _________________________________________________ FRED BIERY UNITED STATES DISTRICT JUDGE -2-

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