Simplot AB Retail, Inc. v. Keys

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
SIMPLOT AB RETAIL, INC.,
Plaintiff,
v.
JAMES A. KEYS, INDIVIDUALLY; AND
JAK FERTILIZER,
Defendants.
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NO. 4:25-CV-00269-MJT
JUDGE MICHAEL TRUNCALE
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Now before the Court is Plaintiff Simplot AB Retail, Inc’s (“Simplot”) Motion for Default
Judgment [Dkt. 10]. On October 29, 2025, the Court referred this motion to the Honorable Zack
Hawthorn, United States Magistrate Judge, for consideration and disposition. [Dkt. 12]. On
February 3, 2026, Judge Hawthorn issued a Report and Recommendation, which recommended
granting the motion. [Dkt. 13].
The Court reviewed Judge Hawthorn’s Report and Recommendation [Dkt. 13] along with
the record, pleadings, and all available evidence. The Court affirms that Judge Hawthorn’s
findings of fact and conclusions of law are correct. The parties have not filed objections to the
Report and Recommendation, and the time for doing so has passed. See 28 U.S.C. § 636(b)(1)(C).
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It is, therefore, ORDERED that the Report and Recommendation of the United States
Magistrate Judge [Dkt. 13] is ADOPTED. Accordingly, a Default Judgment will be entered
separately.
____________________________
Michael J. Truncale
United States District Judge
SIGNED this 20th day of February, 2026.
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