Opinion
Civil Action 4:21-cv-04093
08-01-2022
JUDGE CHARLES ESKRIDGE EMMA BROWN, Plaintiff, v. AMEC FOSTER WHEELER KAMTECH, INC, et al, Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
Charles Eskridge, United States District Judge
Pending is a Memorandum and Recommendation by Magistrate Judge Christina A. Bryan dated June 17, 2022. Dkt 22. Also pending are objections filed by Defendants AMEC Foster Wheeler Kamtech Inc, Desroy Martin, and Wood Group USA Inc. Dkt 26.
The district court reviews de novo those conclusions of a magistrate judge to which a party has specifically objected. See FRCP 72(b)(3) & 28 USC § 636(b)(1)(C); see also United States v Wilson, 864 F.2d 1219, 1221 (5th Cir 1989, per curiam). The district court may accept any other portions to which there's no objection if satisfied that no clear error appears on the face of the record. See Guillory v PPG Industries Inc, 434 F.3d 303, 308 (5th Cir 2005), citing Douglass v United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b) advisory committee note (1983).
Upon de novo review and determination, Defendants' objections lack merit. No clear error otherwise appears upon review and consideration of the Memorandum and Recommendation, the record, and the applicable law.
The objections by Defendants AMEC Foster Wheeler Kamtech Inc, Desroy Martin, and Wood Group USA Inc to the Memorandum and Recommendation of the Magistrate Judge are OVERRULED. Dkt 26.
The Memorandum and Recommendation of the Magistrate Judge is ADOPTED as the Memorandum and Order of this Court. Dkt 22.
The motion by Plaintiff Emma Brown to remand is GRANTED. Dkt 12.
Defendants' motion to strike is DENIED. Dkt. 17.
The motion to dismiss by Defendant Desroy Martin is DENIED AS MOOT. Dkt. 2.
The motion by Brown to amend is DENIED AS MOOT. Dkt 13.
This action is REMANDED to the 281st Judicial District Court of Harris County, Texas.
The Clerk shall provide a copy of this Order to the District Clerk for Harris County, Texas.
SO ORDERED.