Gilcom Produce Distributing, LLC v. Grow Fresh Produce Company, LLC

Summary

The United States District Court for the Southern District of Texas accepted and adopted a magistrate judge’s Memorandum and Recommendation concerning Plaintiff’s challenge to an adverse Perishable Agricultural Commodities Act reparation decision. Because no party objected and no plain error appeared, the court denied the petition for reconsideration and dismissed the action for failure to prosecute.

Holdings

1. When no party objects to a magistrate judge's Memorandum and Recommendation, the district court reviews the recommendation for plain error; finding no plain error, the court may accept and adopt it.
2. The civil action was properly dismissed for failure to prosecute.
3. Plaintiff's petition for reconsideration was denied.

Questions Presented

1. Whether the district court should accept and adopt the magistrate judge's Memorandum and Recommendation when no party filed an objection.
2. Whether the civil action should be dismissed for Plaintiff's failure to prosecute.
3. Whether Plaintiff's petition for reconsideration should be denied.

Disposition

dismissed