Opinion
Civil 4:19-CV-933-SDJ
08-30-2021
FRANCOISE OLSCHWANGER, ET AL. v. STATE FARM LLOYDS
MEMORANDUM ADOPTING THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
SEAN D. JORDAN, UNITED STATES DISTRICT JUDGE
Came on for consideration the Report and Recommendation of the United States Magistrate Judge (“Report”), this matter having been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. On July 30, 2021, the Report of the Magistrate Judge, (Dkt. #47), was entered containing proposed findings of fact and recommendations that Defendant State Farm Lloyds' Motion for Summary Judgment, (Dkt. #39), be granted. Having assessed the Report and the record in this case, and no objections to the Report having been timely filed, the Court determines that the Magistrate Judge's Report should be adopted.
It is therefore ORDERED that Defendant State Farm Lloyds's Motion for Summary Judgment, (Dkt. #39), is GRANTED and each of Plaintiffs claims for violation of the Texas Insurance Code (save and except Plaintiffs claim under § 542.058) and breach of the duty of good faith and fair dealing are DISMISSED WITH PREJUDICE. Plaintiffs claims for breach of contract and violation of § 542.058 of the Texas Insurance Code shall proceed to trial.
So ORDERED.