Cupp v. Nucor Corporation

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 28 Report and Recommendations, 15 Motion to Dismiss filed by Nucor Corporation. IT IS FURTHER ORDERED that Defendants Motion to Dismiss (ECF No. 15) is DENIED. Signed by Judge Alan D Albright. (zv)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION KEVIN CUPP, Plaintiff, v. NUCOR CORPORATION, Defendant. § § § § § § § § § § CIVIL NO. W-23-CV-00855-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. 28) regarding Defendant’s Motion to Dismiss Plaintiff’s Original Complaint (ECF No. 15). The report recommends that Defendant’s Motion to Dismiss (ECF No. 15) be DENIED. The report and recommendation was filed on April 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). As of today, neither party has filed objections. When no objections are timely filed, a district court reviews the magistrate judge’s report and recommendation for clear error. See Fed. R. Civ. P. 72 advisory committee’s note (“When no timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”). The Court has reviewed the report and recommendation and finds no clear error. IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Manske (ECF No. 28) is ADOPTED. IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss (ECF No. 15) is DENIED. SIGNED this 4th day of June, 2024. ALAN D ALBRIGHT UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?