Kristy Swaney v. Khigang Lei

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION KRISTY SWANEY, § § Plaintiff, § § V. § CIVIL ACTION NO. SA-22-CA-1094-FB § JOHN DOE, and SHUNTONG § TRANSPORTATION, LLC, § § Defendants. § ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Before the Court is the Report and Recommendation of United States Magistrate Judge (docket no. 45) concerning Defendants’ Motion for Summary Judgment. To date, no objections to the Report and Recommendation have been received.1 Because no party has objected to the Magistrate Judge's Report and Recommendation, the Court need not conduct a de novo review. See 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made."). The Court has reviewed the Report and Recommendation and finds its reasoning to be neither clearly erroneous nor contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918 (1989). IT IS THEREFORE ORDERED that the Report and Recommendation of United States Magistrate Judge (docket no. 45) is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1) such that Defendants’ Motion for Summary Judgment (docket no. 36) is DENIED IN PART and GRANTED IN PART. Defendants’ Motion is DENIED as to Plaintiff’s direct negligence claims against Defendant 1 Khigang Lei, vicarious liability claims against Defendant Shuntong Transportation, LLC, and future damages claims. Defendants’ Motion is GRANTED as to Plaintiff's direct negligence claims against Defendant Shuntong Transportation, LLC. It is so ORDERED. SIGNED this 14th day of March, 2025. ar . —fet C D BIERY UNITED STATES DISTRICT JUDGE

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