Holloway Lodging LLC v. Cushman & Wakefield U.S., Inc.

Opinion

UNITED STATES DISTRICT COURT March 17, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION

HOLLOWAY LODGING § (222 BENMAR) LLC and § HOLLOWAY LODGING § (16666 NORTHCHASE) LLC § § Plaintiffs, § § VS. § Civil Case No. 4:22-CV-1745 § CUSHMAN & WAKEFIELD U.S., INC. § § Defendant. §

ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the March 1, 2022 Report and Recommendation (“R&R”) prepared by Magistrate Judge Peter Bray. (Dkt. No. 26). Magistrate Judge Bray made findings and conclusions and recommended that Defendants’ Motion to Dismiss (Dkt. No. 17) be granted in part. Judge Bray recommended that Plaintiffs’ negligent misrepresentation and omission claims be dismissed and that the breach of fiduciary duty and contract claims remain. (Dkt No. 26). The Parties were provided proper notice and the opportunity to object to the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). No objections were filed, so review is for plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005). No plain error appears. Accordingly, the Court ACCEPTS the R&R as the opinion of the Court. The court GRANTS IN PART the Motion to Dismiss. It is SO ORDERED. Signed on March 16, 2023.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE