G&W Water Supply Corporation v. Thomas J. Gleeson, Kathleen Jackson, Courtney K. Hjaltman, and Morgan Johnson, in their official capacities as Commissioners of the Public Utility Commission

Opinion

IN THE UNITED STATES DISTRICT COURT FILED FOR THE WESTERN DISTRICT OF TEXAS May 26, 2026 AUSTIN DIVISION CLERK, U.S. DISTRICT COURT WESTERN DISTRICT OF TEXAS Christian Rodriguez G&W Water Supply Corporation, § BY: ________________________________ Plaintiff, § DEPUTY § v. § 1:26-CV-261-ADA-SH § Thomas J. Gleeson, Kathleen Jackson, § Courtney K. Hjaltman, and Morgan § Johnson, in their official capacities as § Commissioners of the Public Utility § Commission, § Defendant. §

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the Report and Recommendation of United States Magistrate Judge Susan Hightower. Dkt. 32. Judge Hightower recommends that this Court DENY Defendants’ Motion to Dismiss Plaintiff’s Amended Complaint (Dkt. 15). Id. at 8. The report was filed on April 28, 2026. This Court hereby adopts Judge Hightower’s Recommendations. 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)). Defendant Commissioners of the Public Utility Commission of Texas (“PUCT Defendants”) filed objections on May 13, 2026. Dkt. 34. The Court has conducted de novo review of the Report and Recommendation (Dkt. 32), the PUCT Defendants’ objections (Dkt. 34), and the applicable facts and laws. After that thorough review, the Court is persuaded that the Magistrate Judge’s findings and recommendations should be adopted. IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge Hightower (Dkt. 32) is ADOPTED. IT IS FURTHER ORDERED that the PUCT Defendants’ Objections (Dkt. 34) are OVERRULED. IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss Plaintiff's Amended Complaint (Dkt. 15) is hereby DENIED.

SIGNED this 26th day of May, 2026.

OQ. ONoc Ls ALAN D ALBRIGHT UNITED STATES DISTRICT JUDG