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)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
WACO DIVISION
KEVIN CUPP,
Plaintiff,
v.
NUCOR CORPORATION,
Defendant.

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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