Taylor v. Makita Corporation et al

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CURTIS TAYLOR, 	§
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Plaintiff, 	§
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V. 	§
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MAKITA CORPORATION;
MAKITA, U.S.A., INC.; MAKITA
CORPORATION OF AMERICA and
FORNEY INDUSTRIES, INC.,
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No. 3:23-cv-1533-K
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Defendants. 	§
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings and conclusions in this case
recommending that the Court should dismiss this lawsuit without prejudice for lack of
subject-matter jurisdiction. See Dkt. No. 152. But the Magistrate Judge recommended
that if, within the time to file objections, Plaintiff Curtis Taylor provides evidence to
support his jurisdictional allegations, the Court should grant in part Defendant Makita
Corporation and Defendant Makita U.S.A., Inc.’s Motion for Summary Judgment
[Dkt. No. 118] and dismiss Taylor’s manufacturing defect and marketing defect claims
with prejudice but deny summary judgment on Plaintiff’s design defect and negligence
claims. See id.
Objections were filed [Dkt. No. 155], and Plaintiff submitted evidence of
diverse citizenship [Dkt. No. 154]. The District Court reviewed de novo those portions
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of the proposed findings, conclusions, and recommendation to which objection was
made, 	and 	reviewed 	the 	remaining 	proposed 	findings, 	conclusions, 	and
recommendation for plain error. Finding no error, the Court ACCEPTS the Findings,
Conclusions, 	and 	Recommendation 	of 	the 	United 	States 	Magistrate 	Judge.
Defendant’s Objections are OVERRULED.
SO ORDERED.
Signed February 17th , 2026.
________________________________________
ED KINKEADE
UNITED STATES DISTRICT JUDGE
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