Opinion
Civil Action 4:21-CV-02260
08-31-2022
ALEXANDER MOSKOVITS, Plaintiff, v. MERCEDES-BENZ FINANCIAL SERVICES USA LLC, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
KEITH P. ELLISON, UNITED STATES DISTRICT JUDGE
Before the Court are the motion to dismiss filed by Defendants Mercedes Benz Financial Services, USA, LLC (“Mercedes”) and ADESA Texas Inc d/b/a/ ADESA Houston (“ADESA”) (ECF No. 25), the motion to dismiss filed by Defendant Automotive Recovery Services (“ARS”) (ECF No. 37), and the motions for summary judgment filed by Plaintiff Alexander Moscovits (ECF Nos. 24 & 53). On July 18, 2022, United States Magistrate Judge Dena Hanovice Palermo issued a Report and Recommendation (“R & R”) in this case, recommending that Defendants' motions to dismiss be granted and Plaintiff's motions for summary judgment be denied as moot. (ECF No. 65). Plaintiff filed his objections on August 15, 2022, and Defendants filed their response on August 25, 2022. (ECF Nos. 68 & 70).
As required by 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of the portions of the R & R to which Plaintiff objected. However, the Court agrees with the conclusions, and the reasoning, of the R & R. Accordingly, the Court hereby ADOPTS the R & R, GRANTS Defendants' motions to dismiss, DISMISSES WITH PREJUDICE Plaintiff's claims against Mercedes and ADESA, DISMISSES WITHOUT PREJUDICE Plaintiff's claims against ARS and “Unknown State and Federal Agents,” and DENIES as MOOT Plaintiff's motions for summary judgment.
IT IS SO ORDERED.