Nelson, Jr. et al v. Roth, Jr. et al

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS
GERALD JOSEPH NELSON JR.,
FRONTIER RODEO COMPANY,
and THE NEW DIVIDE LLC,
Plaintiffs,
versus
JAMES J. ROTH JR., HOLDINGS
LLC, RPR LLC, JARS CATTLE
COMPANY LLC, WILL
O’CONNELL, DUSTA L. KIMZEY
O’CONNELL, and CPRODEO LLC,
Defendants.
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CIVIL ACTION NO. 1:25-CV-00541
ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
This action was referred to the Honorable Christine L. Stetson, United States Magistrate
Judge, for consideration pursuant to the applicable laws and orders of this court. See 28 U.S.C.
§ 636(b)(1); E.D. TEX. LOC. R. CV-72. On January 8, 2026, Judge Stetson recommended that
this case be dismissed without prejudice for lack of subject-matter jurisdiction because Plaintiffs
raise only state-law claims and there is not complete diversity among the parties. (#17 at 2, 4).1
To date, the parties have not filed objections to the report.
The court received and considered the Report and Recommendation of the United States
Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available
evidence. After careful review, the court finds that the findings of fact and conclusions of law
of the United States Magistrate Judge are correct.
1 Per Plaintiffs’ Second Amended Complaint, “Plaintiffs and Defendants do not have complete diversity of
citizenship[] under 28 U.S.C. § 1332.” (#16 at 3, ¶3.3).
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2
Accordingly, the Report and Recommendation of the United States Magistrate Judge
(#17) is ADOPTED. A final judgment will be entered in this case in accordance with the
magistrate judge’s recommendation.
________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
SIGNED at Beaumont, Texas, this 27th day of January, 2026.
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