Summary
concluding that plaintiff brought claim against defendants in their official capacities, where plaintiffs did not challenge that characterization of their claims in the defendants' motion to dismiss, where the complaint only named individual employees in the section listing the defendants, and where plaintiffs asserted the same claims against each of the defendants
Summary of this case from Pruitt v. Jourdanton Hosp. Corp.Opinion
CIVIL ACTION NO. 1:12-CV-371
02-04-2014
KAREN STAUB SPEASE and CRAIG SPEASE, Plaintiffs, v. SERGEANT L.W. COOPER, DEPUTY CHARLES BREWER, DEPUTY JOHN S. WILLIAMS, SHERIFF ED CAIN, MICHELLE RANDOLPH, MANY DOES, ALLSTATE TEXAS LLOYDS, INC., PILOT CATASTROPHE SERVICES, INC. JAMES R. DAVIS, and HARDIN COUNTY SHERIFF'S DEPARTMENT, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
This case is referred to the Honorable Zack Hawthorn, United States Magistrate Judge, for all pretrial matters. (Doc. No. 29.) The court has received and considered the report and recommendation of the magistrate judge (Doc. No. 92), which recommends that the court grant the "motions to dismiss, or in the alternative, motions for summary judgment" filed by the following defendants: Hardin County, Texas, on behalf of the Hardin County Sheriff's Department, Sergeant L.W. Cooper, Deputy Charles Brewer, Deputy John S. Williams, and Sheriff Ed Cain ("Hardin County Defendants") (Doc. No. 82); Pilot Catastrophe Services, Inc. ("Pilot") (Doc. No. 83); Allstate Texas Lloyds, Inc. ("Allstate") (Doc. No. 84); and James R. Davis ("Davis") (Doc. No. 85). No objections have been filed to the magistrate judge's report and recommendation, and the time for doing so has passed. It is, therefore,
ORDERED that the magistrate judge's report and recommendation (Doc. No. 92) is ADOPTED; and the "motions to dismiss, or in the alternative, motions for summary judgment" filed by the Hardin County Defendants (Doc. No. 82), Pilot (Doc. No. 83), Allstate (Doc. No. 84) and Davis (Doc. No. 85) are GRANTED; and the Plaintiffs' claims are DISMISSED WITH PREJUDICE.
SIGNED at Beaumont, Texas, this 4th day of February, 2014.
__________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE