Daniel Edward Costello, et al. v. Tropical Paradise d/b/a Cool Tropics

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

DANIEL EDWARD COSTELLO, ET § AL., § § Plaintiff, § § CIVIL NO. 1:25-CV-1263-ADA-DH v. § § TROPICAL PARADISE d/b/a COOL § TROPICS, § § Defendant. §

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the Report and Recommendation of United States Magistrate Judge Dustin M. Howell. ECF No. 14. The report recommends that this Court DENY Defendant’s Motion to Dismiss (ECF No. 6). A party may file specific, written objections to the proposed findings and recommendations of the magistrate judge within fourteen days after being served with a copy of the report and recommendation, thereby securing de novo review by the district court. 28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b). A district court need not consider “[f]rivolous, conclusive, or general objections.” Battle v. U.S. Parole Comm’n, 834 F.2d 419, 421 (5th Cir. 1987) (quoting Nettles v. Wainwright, 677 F.2d 404, 410 n.8 (5th Cir. 1982) (en banc), overruled on other grounds by Douglass v. United States Auto. Ass’n, 79 F.3d 1415 (5th Cir. 1996)). The district court may decline a party’s request to hear new evidence not before the Magistrate Judge. Fed. R. Civ. P. 72(b)(3). Defendant filed objections on March 19, 2026. ECF No. 15. The Court has conducted a de novo review of Plaintiffs’ complaint, the applicable laws, Defendant’s Motion, and Defendant’s objections. After that thorough review, the Court is persuaded that the Magistrate Judge’s findings and recommendation should be adopted. IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Howell (ECF No. 14) is ADOPTED. IT IS FURTHER ORDERED that Defendant’s objections are OVERRULED. IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss is DENIED. SIGNED 04/01/2026. (Yee. Moo ALAN D ALBRIGHT UNITED STATES DISTRICT JUDGE