SANTIAGO v. Amazon.com Services, LLC et al

Filing 89

ORDER ADOPTING 81 REPORT AND RECOMMENDATIONS. Defendants objections are OVERRULED. Plaintiffs Motion to Dismiss 60 is GRANTED and the deadline to designate responsible third parties is extended until September 13, 2024. Defendants Briggs Equipment and Hyster-Yale Group are Dismissed. Signed by Judge Alan D Albright. (lad)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
WACO DIVISION
JOANNA FERNANDEZ SANTIAGO,
Plaintiff,
v.
AMAZON.COM SERVICES, LLC,
AMAZON.COM, INC., BRIGGS INDUSTRIAL SOLUTIONS, INC., HYSTER-YALE GROUP, INC.,

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CIVIL NO. W-23-CV-00134-ADA

Defendants.
ORDER ADOPTING MAGISTRATE
JUDGE’S AMENDED REPORT AND RECOMMENDATION
Before the Court is the Amended Report and Recommendation of United States Magistrate
Judge Jeffrey C. Manske. ECF No. 81. The report recommends Plaintiff’s Motion to Dismiss Defendants Hyster-Yale Group, Inc. d/b/a Hyster Company and Briggs Industrial Solutions, Inc. d/b/a
Briggs Equipment (ECF No. 60) be GRANTED. The amended report and recommendation was
filed on July 29, 2024.
A party may file specific, written objections to the proposed findings and recommendations
of the magistrate judge within fourteen days after being served with a copy of the report and recommendation, thereby securing de novo review by the district court. 28 U.S.C. § 636(b); Fed. R.
Civ. P. 72(b). A district court need not consider “[f]rivolous, conclusive, or general objections.”
Battle v. U.S. Parole Comm’n, 834 F.2d 419, 421 (5th Cir. 1987) (quoting Nettles v. Wainwright,
677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United
States Auto. Ass’n, 79 F.3d 1415 (5th Cir. 1996)).
Defendants filed objections on August 6, 2024. ECF No. 83. The Court has conducted a de
novo review of the motion to dismiss, the responses, the report and recommendation, the objection

to the report and recommendation, and the applicable laws. After that thorough review, the Court
is persuaded that the Magistrate Judge’s findings and recommendation should be adopted.
IT IS THEREFORE ORDERED that the Amended Report and Recommendation of
United States Magistrate Judge Jeffrey C. Manske., ECF No. 81, is ADOPTED.
IT IS FURTHER ORDERED that Defendants’ objections are OVERRULED.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Dismiss, ECF No. 60, is
GRANTED and the deadline to designate responsible third parties be extended until September
13, 2024, in accordance with the Amended Report and Recommendation.
IT IS FINALLY ORDERED that Defendants Briggs Equipment and Hyster be DISMISSED.

SIGNED this 29th day of August, 2024.

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