Signum, LLC et al v. Nature's Lawn Care et al

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 43 Report and Recommendations, 37 Motion to Dismiss for Failure to State a Claim filed by NaturaLawn of America, Inc., Signum, LLC, 31 Motion to Dismiss filed by Nathan Steele, Nature's Lawn Care. Signed by Judge Alan D Albright. (cav)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS WACO DIVISION SIGNUM, LLC & NATURALAWN OF AMERICA, INC., Plaintiffs, v. NATURE'S LAWN CARE & NATHAN STEELE, Defendants. § § § § § § § § § § CIVIL NO. W-23-CV-00202-ADA ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the Report and Recommendation of United States Magistrate Judge Jeffrey C. Manske. ECF No. 43. The report recommends Defendants’ Motion to Dismiss Plaintiff’s Complaint (ECF No. 31) be DENIED and Plaintiffs’ Motion to Dismiss Defendants’ Counterclaims (ECF No. 37) be GRANTED. The report and recommendation was filed on May 20, 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 June 3, 2024. ECF No. 44. 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 Report and Recommendation of United States Magistrate Judge Jeffrey C. Manske., ECF No. 43, is ADOPTED. IT IS FURTHER ORDERED that Defendants’ objections are OVERRULED. IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss Plaintiff’s Complaint, ECF No. 31, is DENIED in accordance with the Report and Recommendation. IT IS FINALLY ORDERED that and Plaintiffs’ Motion to Dismiss Defendants’ Counterclaims, ECF No. 37, is GRANTED in accordance with the Report and Recommendation. SIGNED this 5th day of June, 2024. ALAN D ALBRIGHT UNITED STATES DISTRICT JUDGE

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