Carrera et al v. Allstate Vehicle and Property Insurance Company

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
BLANCA CARRERA and RAMON CUETO,
Plaintiffs,
VS.
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CIVIL ACTION NO. 1:24-CV-172
ALLSTATE VEHICLE AND PROPERTY
INSURANCE COMPANY,
Defendant.
ORDER
Plaintiffs Blanca Carrera and Ramon Cueto filed this action, alleging violations of the
Texas Insurance Code, fraud, and other related claims. On November 27, 2024, Defendant
Allstate Vehicle and Property Insurance Company removed the case to this Court based on
diversity jurisdiction. (See Notice of Removal, Doc. 1) On April 15, 2025, Plaintiffs’ counsel was
permitted to withdraw from the case. (Order, Doc. 19) Since that time, Plaintiffs have failed to
attend multiple status conferences and failed to make required filings. (See Report and
Recommendation, Doc. 32, 2)
In October 2025, a United States Magistrate Judge issued a Notice and Order (Doc. 29),
scheduling a hearing and requiring Plaintiffs to appear personally to show cause why their claims
should not be dismissed with prejudice for want of prosecution and failure to comply with the
court’s Orders. Plaintiffs failed to appear at the scheduled hearing. The Magistrate Judge issued
a Report and Recommendation (Doc. 32), recommending that Plaintiffs’ claims be dismissed with
prejudice. (R&R, Doc. 32) No party filed objections.
“When no timely objection is filed, the court need only satisfy itself that there is no clear
error on the face of the record in order to accept the recommendation.” FED. R. CIV. P. 72(b),
Advisory Comm. Note (1983). The Court has reviewed the Report and Recommendation and finds
no clear error within it.
United States District Court
Southern District of Texas
ENTERED
February 23, 2026
Nathan Ochsner, Clerk
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As a result, the Court ADOPTS the Report and Recommendation (Doc. 32). It is:
ORDERED that under Federal Rule of Civil Procedure 41(b), Plaintiff Blanco Carrera and
Ramon Cueto’s causes of action are DISMISSED with prejudice for want of prosecution.
Each party shall bear its own fees and costs.
This is a final and appealable order.
The Clerk of Court is directed to close this case.
Signed on February 23, 2026.
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Fernando Rodriguez, Jr.
United States District Judge
Case 1:24-cv-00172 Document 35 Filed 02/23/26 in TXSD Page 2 of 2