Opinion
CIVIL ACTION NO. 2:13-CV-00050
05-23-2013
XIOMARA DUARTE, et al, Plaintiffs, v. MICHELIN NORTH AMERICA, INC., et al, Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
On May 3, 2013, United States Magistrate Judge B. Janice Ellington issued her "Memorandum and Recommendation" (D.E. 35). The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge's Memorandum and Recommendation. FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been filed.
When no timely objection to a magistrate judge's memorandum and recommendation is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge's memorandum and recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Services Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge's Memorandum and Recommendation (D.E. 35), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the Defendant "Toyota Motor Corporation's Motion to Dismiss and Alternative Motion to Quash, For Insufficient Service of Process and Lack of Personal Jurisdiction" (D.E. 23) is GRANTED IN PART AND DENIED IN PART. The motion to dismiss is DENIED. The motion to quash service is GRANTED. Plaintiff is ORDERED to effect service under the Hague Convention on or before November 25, 2013.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE