Michael White v. Truist Bank and GEICO County Mutual Insurance Company

Summary

The United States District Court for the Western District of Texas accepted and adopted the magistrate judge’s report and recommendation concerning GEICO County Mutual Insurance Company’s motion for summary judgment. The court overruled Plaintiff Michael White’s objections, granted summary judgment for GEICO, dismissed all claims against GEICO with prejudice, and dismissed the remaining claims against Truist Bank with prejudice, closing the case.

Holdings

1. The district court must conduct de novo review of properly raised objections to a magistrate judge's Report and Recommendation, but need not conduct de novo review of frivolous, conclusive, or general objections.
2. GEICO's motion for summary judgment was granted, and all of Plaintiff's claims against GEICO were dismissed with prejudice.
3. The fraud claim was treated as abandoned because Plaintiff stated that he intended to nonsuit it with prejudice and failed to address GEICO's fraud arguments in response to the summary-judgment motion.
4. Plaintiff's claims against Truist Bank were dismissed with prejudice pursuant to Plaintiff's notice of dismissal.

Questions Presented

1. Whether the district court should accept and adopt the magistrate judge's Report and Recommendation after conducting de novo review of Plaintiff's objections.
2. Whether Plaintiff's objections to the recommended disposition of his breach-of-contract claim had merit.
3. Whether GEICO was entitled to summary judgment on Plaintiff's remaining breach-of-contract claim.
4. Whether Plaintiff's claims against Truist Bank should be dismissed with prejudice pursuant to his notice of dismissal.

Disposition

dismissed