PMJ Bleu Terre Management, LLC v. AmTrust Insurance Company of Kansas, Inc. ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION PMJ BLEU TERRE MANAGEMENT, ) LLC, ) ) Plaintiff, ) ) V. ) CIVIL ACTION NO. SA-22-CA-166-FB ) AMTRUST INSURANCE COMPANY, ) OF KANSAS, INC., ) ) Defendant. ) ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Before the Court are the Report and Recommendation of United States Magistrate Judge (docket no. 32) concerning Defendant AmTrust Insurance Company of Kansas, Inc.’s Motion for Summary Judgment (docket no. 18), along with Defendant’s written objections (docket no. 33) thereto, Plaintiff’s response (docket no. 34), and Defendant’s reply (docket no. 35) to Plaintiff’s response. Where no party has objected to a Magistrate Judge's Report and Recommendation, the Court need not conduct a de novo review of the Report and Recommendation. See 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made."). In such cases, the Court need only review the Report and Recommendation and determine whether it is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918 (1989). On the other hand, any Report and Recommendation to which objection is made requires de novo review by the Court. Such a review means that the Court will examine the entire record, and will make an independent assessment of the law. The Court need not, however, conduct a de novo review when the objections are frivolous, conclusive, or general in nature. Battle v. United States Parole The Court has thoroughly analyzed the parties’ submissions in light of the entire record. As required by Title 28 U.S.C. § 636(b)(1)(c), the Court has conducted an independent review of the entire record in this cause and has conducted a de novo review with respect to those matters raised by the objections. After due consideration, the Court concludes the objections lack merit. IT IS THEREFORE ORDERED that the Report and Recommendation of the United States Magistrate Judge (docket no. 3) is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1) such that Defendant AmTrust Insurance Company of Kansas, Inc.’s Motion for Summary Judgment (docket no. 18) is DENIED. This case continues to be referred to the Magistrate Judge for further pretrial proceedings. It is so ORDERED. SIGNED this 16th day of August, 2023. Feet CF D BIERY UNITED STATES DISTRICT JUDGE -2-