Mitchell et al v. Allstate Vehicle and Property Insurance Company

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
ELIZABETH ARLENE MITCHELL AND
GREGORY SCOTT DAVIS
§
§
“Plaintiffs,” §
§
v. §
§
Civil Action No. 1:25-cv-00285
ALLSTATE VEHICLE AND PROPERTY
INSURANCE CO.,
“Defendant.”
§
§
§
ORDER
Before the Court is “Defendant’s Motion to Compel Appraisal and Abatement” (Dkt. No. 8)
(“MTC”), “Plaintiff’s Response to Defendant’s Opposed Motion to Compel Appraisal and Abatement”
(Dkt. No. 9) (“Response”), and the Magistrate Judge’s “Report and Recommendation to Dismiss
Defendant’s Motion to Compel Arbitration and Abatement (Dkt. No. 8)” (Dkt. No. 10) (“R&R”).
The R&R recommends this Court deny Defendant’s MTC (Dkt. No. 8). Dkt. No. 10 at 4.
Objections to the R&R were due March 13, 2026. No objections were filed. If there have been no
objections to the magistrate’s ruling, the Court reviews the magistrate judge’s conclusions for clear error.
See Guillory v. PPG Indus., 434 F.3d 303, 308 (5th Cir. 2005).
Finding no clear error, abuse of discretion, or finding contrary to law, the R&R (Dkt. No. 10) is
ADOPTED. Defendant’s MTC (Dkt. No. 8) is hereby DENIED.
SIGNED this June 25, 2026
United States District Court
Southern District of Texas
ENTERED
June 25, 2026
Nathan Ochsner, Clerk
Case 1:25-cv-00285 Document 13 Filed 06/25/26 in TXSD Page 1 of 1