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)

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.

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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