British International Insurancev.Seguros La Republica, S.A.

United States District Court, W.D. Texas, San Antonio DivisionJul 26, 2000
CIVIL ACTION NO. SA-00-CA-353-OG (W.D. Tex. Jul. 26, 2000)


July 26, 2000.


On this date came on to be considered the Memorandum and Recommendation of the United States Magistrate Judge, filed in the above-styled and numbered cause on June 23, 2000.

According to the records of the Court, the parties were served with a copy of the Memorandum and Recommendation on or about June 30, 2000. Any party who desires to object to a Magistrate Judge's findings and recommendations must serve and file its written objections within ten days after being served with a copy of the findings and recommendation. 28 U.S.C. § 635(b)(1). No objections to the Memorandum and Recommendation have been filed.

Because no party has objected to the Magistrate Judge's Memorandum 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 Memorandum and Recommendation and finds it 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). Accordingly,

IT IS ORDERED THAT the Memorandum and Recommendation of the United States Magistrate Judge filed in this cause on June 23, 2000, be and is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1), and Plaintiff British International Insurance Company's motion to compel (Dkt. No. 1) Laredo National Bank, San Antonio, Texas, to produce the documents requested in Request Nos. 3 and 6 of the subpoena duces tecum served on January 11, 2000, is GRANTED, and Laredo National Bank's motion to quash and for protective order (Dkt. No. 4) is DENIED WITHOUT PREJUDICE to Laredo National Bank filing a further motion for protection requesting payment of the costs of complying with Request Nos. 3 and 6, or seeking redaction.

IT IS FURTHER ORDERED THAT during the fourteen (14)-day period following the issuance of this Order, the parties and Laredo National Bank are ORDERED to confer in furtherance of an agreement for payment by Plaintiff of the estimated reasonable costs of production by Laredo National Bank in advance of Laredo National Bank incurring the costs. Laredo National Bank shall fully comply with Request Nos. 3 and 6 on or before September 8, 2000, subject to a request for extension of time based on good cause. As noted in the Memorandum and Recommendation, pursuant to this Court's reference of the case for full pre-trial management, the Magistrate Judge retains this case for purposes of all pretrial matters.